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U.S. v. AUEN

No. 677, Docket 87-1109.

846 F.2d 872 (1988)

UNITED STATES of America, Appellee, v. Donald G. AUEN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 17, 1988.

Attorney(s) appearing for the Case

Charles E. McFarland, Newton Falls, Ohio, for defendant-appellant.

Alan Hechtkopf, Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C. (William S. Rose, Jr., Asst. Atty. Gen., Gary R. Allen, Robert E. Lindsay, Attys., Tax Div., U.S. Dept. of Justice, Washington, D.C., Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y.), for appellee.

Before MESKILL and ALTIMARI, Circuit Judges, and MISHLER, District Judge.

ALTIMARI, Circuit Judge:

Defendant-appellant Donald G. Auen appeals from a judgment of conviction entered in the United States District Court for the Northern District of New York after a three-day jury trial before Judge Thomas J. McAvoy. Auen was tried on a three count indictment that charged him with willfull attempted income tax evasion for the calendar years 1981 through 1983 in violation of 26 U.S.C. § 7201. The indictment specifically alleged that Auen...

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