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  • United States v. Vincent J. Squillante, 235 F.2d 46, 2d Cir. (1956)

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    Vincent J. Squillante appealed the extension of his probation by two years for failing to comply with conditions to pay taxes owed. The United States Court of Appeals for the Second Circuit affirmed the district court's decision to extend probation. The appellate court held that under 18 U.S.C. § 3651, the district court judge had discretion to extend probation for not following conditions, such as paying taxes. The district court reasonably exercised this discretion, according to its written opinion.

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    Filed: 1956-07-05 Precedential Status: Precedential Citations: 235 F.2d 46 Docket: 24109

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    Vincent J. Squillante appealed the extension of his probation by two years for failing to comply with conditions to pay taxes owed. The United States Court of Appeals for the Second Circuit affirmed the district court's decision to extend probation. The appellate court held that under 18 U.S.C. § 3651, the district court judge had discretion to extend probation for not following conditions, such as paying taxes. The district court reasonably exercised this discretion, according to its written opinion.

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    United States v. Vincent J. Squillante, 235 F.2d 46, 2d Cir. (1956)

    Uploaded by

    Scribd Government Docs
    Vincent J. Squillante appealed the extension of his probation by two years for failing to comply with conditions to pay taxes owed. The United States Court of Appeals for the Second Circuit affirmed the district court's decision to extend probation. The appellate court held that under 18 U.S.C. § 3651, the district court judge had discretion to extend probation for not following conditions, such as paying taxes. The district court reasonably exercised this discretion, according to its written opinion.

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    of 1

    235 F.

    2d 46

    UNITED STATES of America, Plaintiff-Appellee,


    v.
    Vincent J. SQUILLANTE, Defendant-Appellant.
    No. 394.
    Docket 24109.

    United States Court of Appeals Second Circuit.


    Submitted June 4, 1956.
    Decided July 5, 1956.

    Paul W. Williams, U. S. Atty., and Eliot H. Lumbard, Asst. U. S. Atty.,


    S.D. N.Y., New York City, for plaintiff-appellee.
    H. Jordan Lee and Arnold D. Roseman, New York City (Harry Silver,
    Brooklyn, N. Y., on the brief), for defendant-appellant.
    Before CLARK, Chief Judge, and HINCKS and WATERMAN, Circuit
    Judges.
    PER CURIAM.

    Under the broad powers expressly granted by 18 U.S.C. 3651, Judge


    Kaufman had discretion to extend for two years defendant's probation on
    conviction of failure to make income tax returns for not complying with the
    conditions set as to payment of the taxes due. As the judge's opinion,
    D.C.S.D.N.Y., 137 F. Supp. 553, shows, this discretion was reasonably
    exercised, and we are content to affirm on that opinion.

    Affirmed.

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