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U.S. v. TARRICONE

Nos. 1175, 1176, Dockets 92-1622, 92-1687.

996 F.2d 1414 (1993)

UNITED STATES of America, Appellee, v. Arthur TARRICONE, John Pabone, Dominic A. Bombace, Defendants, John Barberio and Marat Balagula, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 24, 1993.

Attorney(s) appearing for the Case

Scott A. Schumacher, U.S. Dept. of Justice, Washington DC (James A. Bruton, Acting Asst. Atty. Gen., Robert E. Lindsay and Alan Hechtkopf, U.S. Dept. of Justice, Zachary Carter, U.S. Atty., of counsel), for appellee.

J. Shane Creamer (Mark A. Nation, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, PA), for defendant-appellant John Barberio.

Ephraim Savitt, New York City, for defendant-appellant Marat Balagula.

Before: ALTIMARI and WALKER, Circuit Judges, and LASKER, District Judge.

LASKER, District Judge:

John Barberio and Marat Balagula appeal from judgments of conviction entered in the United States District Court for the Eastern District of New York in 1992 following a jury trial. The indictment charged Barberio, Balagula and three additional defendants with one count of conspiracy to evade the federal excise tax on the sale of gasoline in violation of 18 U.S.C. §§ 371 and 3623, and two counts of attempted excise tax evasion in...

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