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U.S. v. BILECKI

No. 88-2960.

876 F.2d 1128 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Nicodean Mark BILECKI and Edna Mae Bilecki, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 23, 1989.

Attorney(s) appearing for the Case

Donald W. MacPherson, Patrick Sampair, Phoenix, Ariz., for defendants-appellants.

Paula C. Offenhauser, Frances H. Stacy, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, WILLIAMS and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this case, the defendants challenge the district court's refusal to grant a new trial after it was discovered that a peremptorily challenged venireman accidentally served in the place of a proper member of the jury. We affirm.

I

Nicodean Mark Bilecki and Edna Mae Bilecki were charged with willful failure to file federal income tax returns. Nicodean Mark Bilecki was also charged with filing a false W-4 form. They...

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