Pasquale Dicesare v. John Chernenko, United States Marshal for the Northern District of West Virginia

ALBERT V. BRYAN, Circuit Judge.

The United States Commissioner did not have sufficient evidence to hold him to answer in the District Court for 1955 income tax evasion, Pasquale DiCesare averred in his application to the District Court for habeas corpus and release from the commitment. Finding the evidence adequate to establish probable cause, the Court dismissed the petition. Applicant appeals.

January 30, 1956 is the alleged date of the offense; January 18, 1962—almost six years afterwards—the complaint was filed and DiCesare arrested; and on February 16, 1962 the Commissioner heard and…