ABATINO v. UNITED STATES

No. 83-4098.

750 F.2d 1442 (1985)

Victor Nicholas ABATINO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1985.


Attorney(s) appearing for the Case

Victor N. Abatino, Ashland, Or., for plaintiff-appellant.

James L. Sutherland, Eugene, Or., for defendant-appellee.

Before SNEED and NORRIS, Circuit Judges, and STEPHENS, District Judge.


STEPHENS, District Judge:

This is an appeal from the summary dismissal of a motion made in the District Court pursuant to 28 U.S.C. § 2255. The District Court had jurisdiction pursuant to the provisions of said statute and the Court of Appeals has jurisdiction pursuant to 28 U.S.C. § 1291(c).

Victor Nicholas Abatino and his wife were indicted on three counts of income tax evasion. They were tried by a jury in Medford, Oregon, on March 18, 19 and...

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