U.S. v. JOHNSON

No. 89-7045.

909 F.2d 1440 (1990)

UNITED STATES of America, Plaintiff/Appellee, v. Elbert L. JOHNSON, a/k/a Johnny Johnson, Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

July 27, 1990.


Attorney(s) appearing for the Case

James G. Wilcoxen, Wilcoxen & Wilcoxen, Muskogee, Okl., for defendant-appellant Elbert L. Johnson, a/k/a Johnny Johnson.

William J. Andersen, Muskogee, Okl. (Roger Hilfiger, U.S. Atty., with him, on the brief), for plaintiff-appellee U.S.

Before LOGAN and BALDOCK, Circuit Judges, and DUMBAULD, Senior District Judge.


DUMBAULD, Senior District Judge.

A pig farmer convicted of tax evasion in violation of 26 U.S.C. § 7201 for the years 1984, 1985, and 1986,1 and for the lesser included offense of failure to file a return or to pay tax for the year 1987 (in violation of 26 U.S.C. § 7203),2 contends on this appeal that the District Court3 abused its discretion by failing to postpone defendant...

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