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U.S. v. COVENEY

No. 92-7306.

995 F.2d 578 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph T. COVENEY and Francis M. Coveney, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 1, 1993.

Attorney(s) appearing for the Case

Alexander Bunin, Asst. Federal Public Defender, Houston, TX, for defendant-appellant Joseph Coveney.

Daniel Wannamaker, Asst. Federal Public Defender, Houston, TX, for defendant-appellant Francis Coveney.

Paula C. Offenhauser, Jeffery A. Babcock, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, TX, Cynthia A. Young, Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before POLITZ, Chief Judge, REAVLEY, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

This tax fraud appeal turns on a fairly routine, straight-forward and simple issue, sufficiency of the evidence; but, it is complicated greatly by the Government's failure to carry the day on its global theory for conviction, by the concomitant difficulty of instead reviewing its proof on a count-by-count basis, and by the incomplete state of the record on appeal, due to the Government's failure...

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