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U.S. v. HELLER

No. 86-5966.

830 F.2d 150 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Neal HELLER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 29, 1987.

Attorney(s) appearing for the Case

M. Carr Ferguson, Jr., Davis, Polk & Wardwell, New York City, John W. Nields, Jr., Howrey & Simon, Washington, D.C., Lisa Heller Green, Heller & Kaplan, Miami, Fla., for defendant-appellant.

Dwight Sullivan, Miami, Fla., for ACLU.

Leon B. Kellner, U.S. Atty., John O'Sullivan, Mayra Reyler Lichter, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before RONEY, Chief Judge, ANDERSON and EDMONDSON, Circuit Judges.

ANDERSON, Circuit Judge:

Daniel Neal Heller appeals his conviction on three counts of tax evasion in violation of 26 U.S.C. § 7201. He bases his appeal on four aspects of his prosecution and trial. Because of the conclusions we reach below as to the jury charge and the misconduct issue, we reverse Heller's conviction and remand for a new trial.

I. FACTS

Daniel Neal Heller is an attorney who has practiced law in Miami, Florida since 1950. For...

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