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UNITED STATES v. EILERTSON

No. 82-5189.

707 F.2d 108 (1983)

UNITED STATES of America, Appellee, v. Warren H. EILERTSON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 17, 1983.

Attorney(s) appearing for the Case

Howard L. Nelson, Washington, D.C., for appellant.

Max H. Lauten, Asst. U.S. Atty., Washington, D.C. (J. Frederick Motz, U.S. Atty., Baltimore, Md., on brief), for appellee.

Before PHILLIPS, ERVIN and CHAPMAN, Circuit Judges.

PER CURIAM:

While this appeal presents three issues for review, the preeminent issue is whether, in a willful failure to file an income tax return case, it was error for the judge to instruct the jury that if it found the defendant had not acted with "careless disregard" then it could find him not guilty for lack of willfulness. Because we find that this instruction violated the precepts of United States v. Bishop, 412 U.S. 346

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