UNITED STATES v. FRANKS

Nos. 81-2309, 81-2310.

723 F.2d 1482 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Dewayne FRANKS and Kathrena June Franks, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 27, 1983.


Attorney(s) appearing for the Case

E.J. Ball of Ball, Mourton & Adams, Fayetteville, Ark. (Thomas D. Frasier of Frasier, Frasier & Gullekson, Tulsa, Okl., with him on brief), for defendants-appellants.

Deborah Wright Dawson, Washington, D.C. (Michael L. Paup and Robert E. Lindsay, Attys., Tax Div., Dept. of Justice, Washington, D.C., Glenn L. Archer, Jr., Asst. Atty. Gen., Washington, D.C., of counsel; Francis A. Keating, II, U.S. Atty., Tulsa, Okl., with her on brief), for plaintiff-appellee.

Before McWILLIAMS, McKAY and LOGAN, Circuit Judges.


McWILLIAMS, Circuit Judge.

Ralph Dewayne Franks and Kathrena June Franks, husband and wife, were jointly charged in a five count indictment with criminal violations of the Internal Revenue Code. A jury convicted both defendants on all counts, and the defendants appeal the sentences imposed thereon.

Perhaps the primary ground for reversal is that there is an overlap between the five counts in the information, and...

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