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UNITED STATES v. SAVIDES

No. 85-1552.

787 F.2d 751 (1986)

UNITED STATES of America, Appellee, v. Edward K. SAVIDES, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 2, 1986.

Attorney(s) appearing for the Case

Jack I. Zalkind with whom Harry C. Mezer, Boston, Mass., was on brief, for defendant, appellant.

C. Brian McDonald, Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Circuit Judge, ROSENN, Senior Circuit Judge, and BOWNES, Circuit Judge.

BOWNES, Circuit Judge.

This appeal from a three-count conviction of income tax evasion raises two issues: whether the grand jury which indicted the defendant was selected in violation of the Jury Selection and Service Act of 1968, 28 U.S.C. §§ 1861-1869; and whether the sentencing procedure was improper.

THE SELECTION OF THE GRAND JURY

At the outset of our discussion we reject the government's contentions that defendant's motion to dismiss...

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