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returns by underreporting his income for 1987 and 1988 in the
respective amounts of $175,285 and $191,979.
After a plea of not guilty and a criminal trial, a jury, on
February 15, 1992, found petitioner guilty of both charges of
violating section 7206(1) as contained in Counts 1 and 2 of the
Indictment.
Subsequent to the jury's verdict in the criminal case,
petitioner filed a motion for a new trial which was denied.
McKenna v. United States, 791 F. Supp. 1101 (E.D. La. 1992),
affd. without published opinion 980 F.2d 1443 (5th Cir. 1992).
On April 29, 1992, U.S. District Judge Charles Schwartz,
Jr., executed the Judgment and Probation/Commitment Order in
petitioner's criminal case. The Court sentenced petitioner to be
imprisoned for 15 months, fined him $4,000, assessed him with
costs of prosecution in the amount of $5,064.49, and ordered him
to pay a special assessment of $100. In addition, petitioner was
ordered to cooperate with the Internal Revenue Service to resolve
his tax indebtedness.
Petitioner appealed the judgment of conviction. In an
unpublished opinion, the Court of Appeals for the Fifth Circuit
affirmed the judgment of conviction on December 2, 1992, at 980
F.2d 1443 (5th Cir. 1992). Petitioner did not file a petition
for writ of certiorari with the Supreme Court of the United
States.
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