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UNITED STATES v. MERLO

No. 81-3472.

704 F.2d 331 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph F. MERLO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 11, 1983.

Rehearing and Rehearing Denied June 3, 1983.

Attorney(s) appearing for the Case

Bernard Berkman, George Palda (argued), Berkman, Gordon, Murray & Palda, Cleveland, Ohio, for defendant-appellant.

Mitchell Ehrenberg, Asst. U.S. Atty., Cleveland, Ohio, for plaintiff-appellee.

Before EDWARDS, Chief Judge, WEICK and CELEBREZZE, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied June 3, 1983.

PER CURIAM.

After a waiver of jury trial, defendant Merlo was convicted before then District Judge Leroy Contie, on three counts of evasion of the federal wagering excise tax under 26 U.S.C. § 4401 and willful failure to register and pay the annual occupational tax required by 26 U.S.C. §§ 4411 and 4412 in violation of 26 U.S.C. § 7201. Appellant...

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