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U.S. v. ALLEN

No. 88-2486.

895 F.2d 1577 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis D. ALLEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 6, 1990.

Attorney(s) appearing for the Case

David J. Phillips, Asst. Federal Public Defender (Charles D. Anderson, Federal Public Defender, with him on the brief), District of Kansas, Kansas City, Kan., for defendant-appellant.

Robert S. Streepy, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., with him on the brief), District of Kansas, Kansas City, Kan., for plaintiff-appellee.

Before LOGAN, TACHA and BRORBY, Circuit Judges.

LOGAN, Circuit Judge.

Lewis D. Allen appeals his conviction on charges of tax evasion and fraudulent misuse of a social security number not belonging to him. We hold that the district court violated Allen's Sixth Amendment right to assistance of counsel for his defense. Accordingly we reverse the conviction and remand the case for a new trial.

I

Allen was indicted on three charges of tax evasion, in violation of 26 U.S.C. § 7201, and five counts...

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