United States v. Robert Cameron Taylor

Fifth Circuit

United States v. Robert Cameron Taylor

631 F.2d 419, 1980 U.S. App. LEXIS 11920

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 26, 1980

Docket80-1750

StatusPublished

Cited by7 cases

This text of 631 F.2d 419 (United States v. Robert Cameron Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Robert Cameron Taylor, 631 F.2d 419, 1980 U.S. App. LEXIS 11920 (5th Cir. 1980).

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Opinion

PER CURIAM:

Appellant, Robert Cameron Taylor, was convicted of two counts of violating 26 U.S. C.A. § 7205 by supplying his employer with false information in order to reduce his tax withholdings, one count of aiding and abetting a violation of 26 U.S.C.A. § 7205, and one count of submitting false claims to a federal agency in violation of 18 U.S.C.A. § 287. This Court affirmed the conviction on appeal but remanded the case to determine whether the written charge given to the jurors was the same as the oral charge given to the jurors from the bench, in order to assure compliance with the Court Reporter Act, 28 U.S.C.A. § 753(b). United States v. Taylor, 607 F.2d 153, 154-55 (5th Cir. 1979). On remand, the District Court determined that the written charge and oral charge were in fact the same. The District Court subsequently denied Taylor’s motion for leave to proceed In Forma Pauperis, on the grounds that any appeal would be “frivolous.” Taylor appeals from denial of this motion.

We pretermit a determination of the propriety of the District Court’s denial of Taylor’s motion for leave to proceed In Forma Pauperis and address the merits. The only issue on which Taylor is entitled to an appeal at this point is the jury charge issue. We have made an independent examination of the oral charge, which the Court Reporter has certified was given by the judge from the bench, and the written charge given the jurors. The District Court determined that the two charges were identical. The one technical requirement which we ordered to be satisfied on remand was, therefore, clearly satisfied and any appeal on this point is without merit. The District Court’s memorandum opinion, therefore, is summarily affirmed. 1

AFFIRMED.

1

. It is appropriate to dispose of this case summarily. See Groendyke Transportation, Inc. v. Davis, 5 Cir., 1969, 406 F.2d 1158.

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PER CURIAM:

Appellant, Robert Cameron Taylor, was convicted of two counts of violating 26 U.S. C.A. § 7205 by supplying his employer with false information in order to reduce his tax withholdings, one count of aiding and abetting a violation of 26 U.S.C.A. § 7205, and one count of submitting false claims to a federal agency in violation of 18 U.S.C.A. § 287. This Court affirmed the conviction on appeal but remanded the case to determine whether the written charge given to the jurors was the same as the oral charge given to the jurors from the bench, in order to assure compliance with the Court Reporter Act, 28 U.S.C.A. § 753(b). United States v. Taylor, 607 F.2d 153, 154-55 (5th Cir. 1979). On remand, the District Court determined that the written charge and oral charge were in fact the same. The District Court subsequently denied Taylor’s motion for leave to proceed In Forma Pauperis, on the grounds that any appeal would be “frivolous.” Taylor appeals from denial of this motion.

We pretermit a determination of the propriety of the District Court’s denial of Taylor’s motion for leave to proceed In Forma Pauperis and address the merits. The only issue on which Taylor is entitled to an appeal at this point is the jury charge issue. We have made an independent examination of the oral charge, which the Court Reporter has certified was given by the judge from the bench, and the written charge given the jurors. The District Court determined that the two charges were identical. The one technical requirement which we ordered to be satisfied on remand was, therefore, clearly satisfied and any appeal on this point is without merit. The District Court’s memorandum opinion, therefore, is summarily affirmed. 1

AFFIRMED.

1

. It is appropriate to dispose of this case summarily. See Groendyke Transportation, Inc. v. Davis, 5 Cir., 1969, 406 F.2d 1158.

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Bluebook (online)

631 F.2d 419, 1980 U.S. App. LEXIS 11920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-cameron-taylor-ca5-1980.

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