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U.S. v. D'AGOSTINO

Nos. 1004, 1007, Dockets 97-1336, 97-1337.

145 F.3d 69 (1998)

UNITED STATES of America, Appellee, v. James D'AGOSTINO, and Anne Marie D'Agostino, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 30, 1998.

Attorney(s) appearing for the Case

Bernard S. Mark, Kestenbaum & Mark, Great Neck, NY, Paula Schwartz Frome, of counsel, Kase & Druker, Garden City, NY (James O. Druker, Kase & Druker, Garden City, NY, on brief), for Defendants-Appellants.

Leonard Lato, Assistant U.S. Attorney, Brooklyn, NY (Zachary W. Carter, U.S. Attorney for Eastern District of New York, Peter A. Norling, Assistant U.S. Attorney, Brooklyn, NY, on brief), for Appellee.

Before: JACOBS, VAN GRAAFEILAND, and LAY, Circuit Judges.

LAY, Circuit Judge.

James and Anne Marie D'Agostino appeal from a final judgment of the United States District Court for the Eastern District of New York (Seybert, J.) convicting them of one count of conspiracy to defraud the United States and tax evasion under 18 U.S.C. § 371 and 3551 as well as four counts of attempted tax evasion in violation of 26 U.S.C. § 7201 and 18 U.S.C. §§ 2 and 3551. The basic question on appeal is whether the defendants...

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