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259 F.2d 869

Docket No. 95, Docket 25180.

United States v. Becker

Second Circuit Court of Appeals

Argued Oct. 7, 1958.

Decided Oct. 22, 1958.

Second Circuit Court of Appeals · decided 1958-10-22

Cited by 12 later decisions (1 by the Supreme Court) — most recently January 1964

6 federal appellate ·

2 counsel of record

Applies 26 U.S.C. § 7210

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1958-10-22

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¶1*870Eugene O. Cobert, of Liebowitz, Cobert & Deixel, New York City (Roy M. Zeig, of Liebowitz, Cobert & Deixel, New York City, on the brief), for defendant-appellant.

¶2Mark F. Hughes, Jr., Asst. U. S. Atty., S.D.N.Y., New York City (Arthur H. Christy, U. S. Atty., and George I. Gordon, Asst. U. S. Atty., New York City, on the brief), for appellee.

¶3Before CLARK, Chief Judge, and MEDINA and LUMBARD, Circuit Judges.

¶4PER CURIAM.

¶5In this case Judge Dawson, sitting without a jury after waiver by the defendant, found as a fact beyond a reasonable doubt that defendant willfully and knowingly neglected to produce certain of the books and papers called for by a summons served upon him by a special agent of the Internal Revenue Service. This finding is amply supported by the evidence. The detailed statement of facts in the court’s memorandum opinion belies defendant’s assertion that it disregarded defendant’s request for special findings of fact under Rule 23(c) of the Federal Rules of Criminal Procedure. We also find insubstantial the other alleged errors. Accordingly defendant’s conviction under 26 U.S.C. § 7210 is affirmed.

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