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  5. 907 F.2d 994 (1990)
 

U.S. v. MILLER

Nos. 84-2766, 85-2334.

907 F.2d 994 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert G. MILLER, II, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 5, 1990.

Attorney(s) appearing for the Case

Charles J. Carroll of Dill and Dill, P.C. of Denver, Colo., for defendant-appellant.

Thomas M. O'Rourke, Asst. U.S. Atty., and Michael J. Norton, Acting U.S. Atty., Denver, Colo., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and MCKAY, Circuit Judge, and GARTH, Senior Circuit Judge.

GARTH, Senior Circuit Judge.

This appeal arises from the defendant Herbert Miller II's 18 U.S.C. § 1001 conviction for making fraudulent statements in an effort to deceive and obstruct the tax authorities. Because the merits of Miller's direct appeal (84-2776) were never decided by this Court for reasons stated hereinafter, we have before us as well an appeal (85-2334) from the denial of Miller's motion to vacate and set aside his conviction on grounds of ineffective...

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