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UNITED STATES v. KENNARD

No. 85-3098.

799 F.2d 556 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar A. KENNARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1986.

Attorney(s) appearing for the Case

Roger M. Olsen, Robert E. Lindsay, David F. Axelrod, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Phillip M. Margolin, Portland, Or., for defendant-appellant.

Before WRIGHT, GOODWIN, and NELSON, Circuit Judges.

PER CURIAM:

We reverse the judgment and conviction on four counts of failing to file income tax returns and submitting false withholding certificates to an employer, and we remand to the district court for further proceedings. We recognize that the district judge was presented with continued efforts by Kennard to delay the first trial, to disrupt it, and to demean it.

All of these actions were sufficient provocation...

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