Court of Appeals for the Ninth Circuit June 3, 1980, 79-1505 (United States v. Dennis Roy Choate)

*22

PER CURIAM.

This is the third appeal to this court involving a two-count indictment in which defendant-appellant was charged in each count with income tax evasion. Twice, motions of defendant to dismiss were sustained by the trial court and in each instance, the dismissals were reversed.

(United States v. Choate,

527 F.2d 748 (9th Cir. 1975) (I), and

United States v. Choate,

576 F.