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U.S. v. BREINIG

No. 94-1292.

70 F.3d 850 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Norbert BREINIG, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 1, 1995.

Attorney(s) appearing for the Case

Karen L. Reynolds, Blondell Morey, Asst. U.S. Atty., Office of U.S. Atty., Detroit, MI, for plaintiff-appellee.

Richard M. Lustig (argued and briefed), Richard M. Lustig, P.C., Birmingham, MI, for defendant-appellant.

Before: LIVELY, RYAN, and SILER, Circuit Judges.

RYAN, Circuit Judge.

Defendant, Norbert Breinig, together with his former wife, Joan Moore, was charged with violating 26 U.S.C. § 7201 by wilfully attempting to evade and defeat federal income taxes for the years 1986 and 1987. The district court ordered a joint trial of the defendants. Because he anticipated that there would be antagonistic defenses, Breinig moved for severance and a separate trial under Fed.R.Crim.P. 14, which the district court denied.

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