FLAUM, Circuit Judge.
For the years 1984 and 1985, Daniel E. Dack failed to file federal income tax returns. In March of 1991, a grand jury returned a two-count indictment charging Dack with income tax evasion in violation of 26 U.S.C. § 7201. At trial, Dack represented himself with the assistance of standby counsel and rested without presenting evidence.
At the close of the trial, the court instructed the jury that the failure to file a tax return cannot...
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