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U.S. v. FLESCHNER

Nos. 94-5929, 94-5933 and 95-5063.

98 F.3d 155 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert Daniel FLESCHNER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert Barnwell CLARKSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Vernon RUBEL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1996.

Attorney(s) appearing for the Case

ARGUED: Lowell Harrison Becraft, Jr., Huntsville, AL, for Defendants-Appellants Fleschner and Rubel; Harold Johnson Bender, Charlotte, NC, for Defendant-Appellant Clarkson. Michael Emile Karam, Tax Division, United States Department of Justice, Washington, D.C., for Plaintiff-Appellee. ON BRIEF: Loretta C. Argrett, Assistant Attorney General, Robert E. Lindsay, Alan Hechtkopf, Mark T. Calloway, United States Attorney, Tax Division, United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Before WIDENER, ERVIN, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge WIDENER wrote the opinion, in which Judge ERVIN and Judge LUTTIG joined.

OPINION

WIDENER, Circuit Judge:

Defendants Herbert D. Fleschner, Robert B. Clarkson, and Vernon Rubel appeal their convictions for conspiracy to defraud the United States of income tax revenue in violation of 18 U.S.C. § 371. We affirm.

I

Fleschner opened a chiropractic...

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