UNITED STATES v. McPHEE

No. 83-2072.

731 F.2d 1150 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas W. McPHEE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 30, 1984.


Attorney(s) appearing for the Case

Ramon Garcia, Edinburg, Tex., Hugh M. Davis, Jr., Detroit, Mich., for defendant-appellant.

James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RUBIN and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

Thomas W. McPhee was convicted of making a false statement to a federal agency in violation of 18 U.S.C. § 1001. The prosecutor made prejudicial statements to the jury during closing argument, thus denying McPhee a fair trial. The conviction is reversed.

Facts

Raymond Kyral pled guilty in November 1979 to a charge of making and subscribing false income tax returns, in violation of 26 U.S.C. § 7206(1). The court...

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