UNITED STATES v. RYAN

No. 13987.

314 F.2d 389 (1963)

UNITED STATES of America ex rel. L. B. BINION, Appellant, v. James V. RYAN, United States Marshal for the Eastern District of Pennsylvania.

United States Court of Appeals Third Circuit.

Decided February 18, 1963.

Rehearing Denied March 18, 1963.


Attorney(s) appearing for the Case

Leon H. Kline, Philadelphia, Pa., for appellant.

Gerald P. Choppin, Atty., Dept. of Justice, Washington, D. C., Burke Marshall, Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Harold H. Greene, Atty., Dept. of Justice, on the brief), for appellee.

Before GANEY and SMITH, Circuit Judges, and AUGELLI, District Judge.


GANEY, Circuit Judge.

On December 14, 1953, in the District Court for the Western District of Texas, the appellant herein entered a plea of guilty to two indictments charging income tax evasion for the years 1947 and 1948. The court sentenced him to three concurrent terms of five years each, to be followed by probation for three years and imposed a fine of $20,000.

The appellant began serving his sentences on December 14, 1953. In August, 1956, the appellant...

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