United States v. Gerson Nagelberg

FEINBERG, Circuit Judge:

Gerson Nagelberg appeals from an order of the United States District Court for the Southern District of New York, Charles M. Metzner, J., entered in February 1969, which revoked appellant’s probation and put into effect a sentence of two years in prison. The issues before us concern the propriety of both the revocation of probation and the sentence of two years. We turn first to the former.

I

Appellant was originally indicted for violation of 21 U.S.C. §§ 173, 174, but was thereafter allowed to plead instead to a tax count, 26 U.S.C. § 4704(a). Appellant’s plea,…