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UNITED STATES v. DOAN

No. 82-1643.

710 F.2d 124 (1983)

UNITED STATES of America, Appellant, v. Joseph L. DOAN, Jr., Appellee.

United States Court of Appeals, Third Circuit.

Decided June 27, 1983.

Attorney(s) appearing for the Case

Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Gary S. Glazer (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellant.

John Rogers Carroll (argued), Carroll & Carroll, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

I.

A federal grand jury indicted defendant/appellee Joseph L. Doan, Jr. ("Doan") and his brother Richard with charges of violating 26 U.S.C. § 7206(1) (tax perjury) for 1975 and 1976 (Counts One and Two).

The district court declared Joseph Doan's first trial a mistrial because the jury could not reach a verdict. The second trial resulted in a guilty verdict on both counts...

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