No. 82-2385.

709 F.2d 1348 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Paul PERRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 10, 1983.

Attorney(s) appearing for the Case

Warren Gotcher of Gotcher, Gotcher & Taylor, McAlester, Okl., for defendant-appellant.

Donn F. Baker, Asst. U.S. Atty., Muskogee, Okl. (Gary L. Richardson, U.S. Atty. and Edward M. Kimmel, Asst. U.S. Atty., Muskogee, Okl., on brief), for plaintiff-appellee.

Before HOLLOWAY, McWILLIAMS and SEYMOUR, Circuit Judges.

McWILLIAMS, Circuit Judge.

Paul Perry was charged in a one-count information with conspiring to defraud Bryan County, Oklahoma and causing the United States mails to be used in furtherance of such scheme to defraud, and with conspiring to evade the collection of income taxes. 18 U.S.C. § 371 and § 1341 and 26 U.S.C. § 7201. Perry waived indictment, and, pursuant to an agreement which provided that he would not be charged with other possible criminal...

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