United States v. Frank Peter Balistrieri

CASTLE, Senior Circuit Judge.

Defendant-appellant, Frank Peter Bal-istrieri, was convicted following a jury trial on two counts of an indictment charging him with income tax evasion for the years 1959 and 1960 by filing false and fraudulent returns in violation of 26 U.S.C.A. § 7201. He was fined $5,000 on each count and was sentenced to two concurrent two-year prison terms. On appeal this Court affirmed. United States v. Balistrieri, 7 Cir., 403 F.2d 472. The Supreme Court initially denied certiorari (394 U.S. 985, 89 S.Ct. 1463, 22 L.Ed.2d 761). In response to a petition for rehearing filed…