U.S. v. UCHIMURA

No. 94-10579.

125 F.3d 1282 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Harold H. UCHIMURA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred April 4, 1996.

Submitted September 11, 1996.

Filed February 25, 1997.

Opinion Withdrawn September 17, 1997.

Decided September 17, 1997.


Attorney(s) appearing for the Case

Arthur E. Ross, Elizabeth A. Fisher, Honolulu, HI, for defendant-appellant.

Craig H. Nakamura, Assistant United States Attorney, Honolulu, HI, for plaintiff-appellee.

Before: SCHROEDER and TROTT, Circuit Judges, and REED, District Judge.


ORDER

Appellee's petition for rehearing is granted. The opinion filed February 25, 1997, and published at 107 F.3d 1321, is withdrawn and the attached opinion is filed in its place.

OPINION

REED, District Judge:

Appellant Harold H. Uchimura ("Uchimura") appeals his conviction for filing a materially false tax return in violation of 26 U.S.C. § 7206(1). The question presented is whether the trial court...

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