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U.S. v. SPALLONE

Docket No. 03-1791.

399 F.3d 415 (2005)

UNITED STATES of America, Appellee, v. Silvio SPALLONE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2005.

Attorney(s) appearing for the Case

Vivian Shevitz, South Salem, New York (Melvyn Roth, Garden City, New York, of counsel), for Defendant-Appellant.

Jeffrey A. McLellan, Attorney, Tax Division, United States Department of Justice, Washington, D.C. (Eileen J. O'Connor, Assistant Attorney General, Tax Division; Robert J. Lindsay, Alan Hechtkopf, John Hinton III, Attorneys, Tax Division, on the brief; Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Brooklyn, New York, of counsel), for Appellee.

Before: SACK, RAGGI, and HALL, Circuit Judges.

RAGGI, Circuit Judge:

Defendant-Appellant Silvio Spallone pleaded guilty to income tax evasion, see 26 U.S.C. § 7201, in the United States District Court for the Eastern District of New York (Jacob Mishler, Judge) and, on August 18, 2000, was sentenced to thirty months' imprisonment, three years' supervised release with a special condition that he pay restitution in the amount of $1,425,014, corrected on August 24, 2000 to $2,450,515, and a $100...

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