United States v. Squillante, 394
| Citation | 235 F.2d 46 |
| Decision Date | 05 July 1956 |
| Docket Number | Docket 24109.,No. 394,394 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Vincent J. SQUILLANTE, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Second Circuit |
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.
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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Skipworth v. U.S.
...See also United States v. Rosner, 161 F.Supp. 234 (S.D.N.Y.1958); United States v. Squillante, 137 F.Supp. 553 (S.D.N.Y.), aff'd, 235 F.2d 46 (2d Cir. 1956); United States v. Edminston, 69 F.Supp. 382, 384 Given this latitude, it is clear to us that the trial judge in this case acted proper......
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...See also United States. v. Rosner, 161 F.Supp. 234 (S.D.N.Y.1958); United States v. Squillante, 137 F.Supp. 553 (S.D.N.Y.), aff'd, 235 F.2d 46 (2d Cir. 1956); United States v. Edminston, 69 F.Supp. 382, 384 The court concluded in Skipworth that an ex parte extension of probation was not so ......
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...not been frequent but have consistently held that the court has very wide latitude in exercising its discretion. See United States v. Squillante, 2 Cir., 235 F.2d 46, affirming United States v. Squillante, D.C.S.D.N.Y., 137 F.Supp. 553; United States v. Squillante, D.C.S.D.N.Y., 144 F.Supp.......
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