United States v. Richard Y. Garcia
UNITED STATES of America, Plaintiff-Appellee, v. Richard Y. GARCIA, Defendant-Appellant
Opinion
PER CURIAM:
Defendant’s convictions for making false statements on his tax returns are affirmed. 26 U.S.C.A. § 7206 (1).
The trial court did not abuse its discretion in refusing to dismiss the indictment because the trial took place a year after arraignment, rather than within 120 days as required by the District Court’s Rule 50(b) Plan for Achieving Prompt Disposition of Criminal Cases of the Southern District of Texas.
United States v. Clendening, 526 F.2d 842 (5th Cir. 1976) and United States v. Maizumi, 526 F.2d 848 (5th Cir. 1976). Where the four-pronged test of Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), is not met, dismissal is not required.
The refusal to permit defendant to introduce evidence as to what tax, if any, would be owing on the unreported income was not error.
Schepps v. United States, 395 F.2d 749 (5th Cir. 1968).
AFFIRMED.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(interpreting local plan for Southern District of Texas)
Cited by 10 cases
View all citing references →Relies on it most ⓘ
- United States v. Joseph Edward Kilrain
- United States v. Douglas W. Albert, Bennard D. Jackson, Gilbert Gonzalez, Jesse C. Smith, John J. Davis and Richard Y. Garcia
- United States v. E. John Wentland
- United States v. Roberto G. Elorduy
- United States v. David Wayne Rankin
- United States v. Rudolph Beaucanon Traylor
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