United States v. Daniel J. Driscoll

FEINBERG, Circuit Judge:

Defendant Daniel J. Driscoll appeals, from a judgment of conviction entered after a six-day trial by jury in the United States District Court for the Southern District of New York, Edward C. McLean, J., presiding. Appellant was found guilty on three counts of willfully and knowingly failing to file income tax returns for the years 1960, 1961 and 1962. 26 U.S.C. § 7203. The district court sen-*136fenced Driscoll to six months on each count, to be served concurrently, and admitted him to bail pending appeal. For the reasons stated below, we reverse.

This well-briefed and…