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UNITED STATES v. PASTORE

No. 858, Docket 75-1428.

537 F.2d 675 (1976)

UNITED STATES of America, Appellee, v. Vito M. PASTORE, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 21, 1976.

Attorney(s) appearing for the Case

Norman A. Palmiere, Rochester, N. Y. (Palmiere, Passero & Crimi, Rochester, N. Y., on the brief), for appellant.

George H. Lowe, Asst. U. S. Atty., Syracuse, N. Y. (James M. Sullivan, Jr., U. S. Atty., N. D. N. Y., Syracuse, N. Y., on the brief), for appellee.

Before LUMBARD, FEINBERG and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

Vito M. Pastore appeals from a judgment of conviction, after a trial before a jury and Judge Lloyd F. MacMahon1 in the United States District Court for the Northern District of New York, of wilfully and knowingly filing a false income tax return. 26 U.S.C. § 7206(1). Appellant offers a number of reasons why his conviction should be set aside and also argues that one of the conditions of his sentence was improper...

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