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COSTELLO v. IMMIGRATION AND NATURALIZATION SERVICE

No. 81, Docket 27597.

311 F.2d 343 (1962)

Frank COSTELLO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

United States Court of Appeals Second Circuit.

Decided December 4, 1962.

Attorney(s) appearing for the Case

Edward Bennett Williams, Washington, D. C. (Harold Ungar, Washington, D. C., on the brief), for petitioner.

Roy Babitt, Sp. Asst. U. S. Atty., New York City (Vincent L. Broderick, U. S. Atty., for the Southern Dist. of New York, New York City, on the brief), for respondent.

Before MEDINA, SMITH and KAUFMAN, Circuit Judges.

MEDINA, Circuit Judge.

Frank Costello, an alien, entered the United States from Italy in 1895; he became a naturalized citizen in 1925; he was convicted in 1954 of income tax evasion for the years 1948 and 1949, under two counts of a single indictment that contained no conspiracy charge, United States v. Costello, 2 Cir., 1955, 221 F.2d 668, affirmed, 1956, 350 U.S. 359, 76 S.Ct. 406, 100 L.Ed. 397...

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