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UNITED STATES v. PROCARIO

No. 164, Docket 29843.

356 F.2d 614 (1966)

UNITED STATES of America, Appellee, v. Angelo PROCARIO, Appellant.

United States Court of Appeals Second Circuit.

Decided February 23, 1966.

Attorney(s) appearing for the Case

Peter K. Leisure, Asst. U. S. Atty. for Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Bernard W. Nussbaum, Robert G. Morvillo, Otto G. Obermaier and John E. Sprizzo, Asst. U. S. Attys., on the brief), for appellee.

Louis Bender and Lloyd A. Hale, New York City, for appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Dr. Angelo Procario appeals from a conviction, on a jury verdict in the United States District Court for the Southern District of New York, Edmund L. Palmieri, Judge, on three counts of attempting to evade federal income tax, 26 U.S.C. § 7201, in 1956, 1957 and 1958. He was sentenced to imprisonment for a year and a day on each count, running concurrently, and to a $3,000 fine on each...

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