United States v. Dennis Roy Choate

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.2d 165 (9th Cir. 1978) (II). On remand, defendant moved to dismiss the indictment, claiming impermissibly discriminatory law enforcement and error by the trial court in refusing to suppress evidence resulting from the use of a “mail cover” obtained by an application which allegedly contained intentional false statements, thus violating applicable postal regulations. The motion to dismiss was overruled. A jury having been waived, the case was submitted to the court on stipulations. Defendant offered no evidence and was found guilty by the court. A motion for a new trial was denied and the defendant was sentenced. This appeal followed.

THE MAIL COVER ISSUE

Defendant seeks to have this court reconsider its decision in United States v. Choate, 576 F.2d 165 . The elaborate opinion in that case discloses that this court…