United States v. Francis Dirico

McAULIFFE, District Judge.

Appellant Francis DiRico (“DiRico”) challenges a number of rulings made by the district court during his criminal trial on charges of false subscription to a tax return, as well as the sentence imposed. We limit our discussion to the one issue raised by DiRico that has merit.

While this court was considering the multiple issues raised on appeal, the United States Supreme Court issued its opinion in United States v. Gaudin, — U.S. -, 115 S.Ct. 2310, 132 L.Ed.2d 444 (1995). That decision clarified a point of law relevant to this case. Accordingly, the government…