United States v. Vito M. Pastore

FEINBERG, Circuit Judge:

Vito M. Pastore appeals from a judgment of conviction, after a trial before a jury and Judge Lloyd F. MacMahon1 in the United States District Court for the Northern District of New York, of wilfully and knowingly filing a false income tax return. 26 U.S.C. § 7206(1). Appellant offers a number of reasons why his conviction should be set aside and also argues that one of the conditions of his sentence was improper. We reject the attack on the conviction but find merit in the complaint regarding the sentence.

I

Since appellant does not argue that the evidence was…