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U.S. v. KAISER

No. 86-5626.

893 F.2d 1300 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald KAISER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

As Amended March 15, 1990.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Richard C. Klugh, Jr., Asst. Federal Public Defender, Miami, Fla., Gerald Kaiser, Lauderhill, Fla., for defendant-appellant.

Dexter W. Lehtinen, U.S. Atty., Robert Bondi, Linda Collins Hertz, Sonia Escobio O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and ATKINS, Senior District Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

ANDERSON, Circuit Judge:

Appellant, Gerald Kaiser, pleaded guilty to a four count tax indictment. Counts one and two of the indictment alleged tax evasion in violation of 26 U.S.C. § 7201 for the calendar years 1979 and 1980. Both counts alleged that Kaiser "did willfully and knowingly attempt to evade and defeat a large part of the income tax due and owing by him ... for the calendar year [1979...

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