U.S. v. STONE

No. 92-8959.

9 F.3d 934 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. James W. STONE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 22, 1993.


Attorney(s) appearing for the Case

Paul S. Kish, Federal Defender Program, Inc., Atlanta, GA, for defendant-appellant.

Thomas E. Zehnle, Robert E. Lindsay, Alan Hechtkopf, Gregory Davis, U.S. Dept. of Justice, Tax Div., Washington, DC, for plaintiff-appellee.

Before ANDERSON and CARNES, Circuit Judges, and SCHLESINGER, District Judge.


CARNES, Circuit Judge:

I. INTRODUCTION

A federal jury convicted appellant James Stone of violating 18 U.S.C. § 287 by filing a false claim for an income tax refund. On appeal Stone raises two issues that merit discussion. First, was it reversible error for the district court to charge the jury on "deliberate ignorance" in the absence of sufficient evidence to support such a theory? We conclude that any error in giving such a charge in the absence of...

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