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United States v. Rivieccio

April 27, 1979

UNITED STATES OF AMERICA, APPELLEE,
v.
LOUIS RIVIECCIO, APPELLANT.



Appeal from the United States District Court for the Eastern District of New York

Present: HONORABLE STERRY R. WATERMAN, HONORABLE WILFRED FEINBERG, HONORABLE WALTER R. MANSFIELD, Circuit Judges,

This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York, and was argued by counsel.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is AFFIRMED.

Louis Rivieccio appeals from the district court's denial of his motion for a reduction in sentence under Fed.R.Crim.P. 35. Appellant entered a guilty plea to one count of violating 26 U.S.C. § 7206(1) by making false declarations on his income tax return. He was sentenced to three years imprisonment, with all but six months suspended, five years probation and a $5,000 fine. Rivieccio contends that he was deprived of due process because the sentence was based on the court's misapprehension of material facts and because the court improperly required the payment of delinquent taxes prior to sentencing.

We believe from a careful review of the record that the sentencing court did not misapprehend any material facts and did not improperly require payment of delinquent taxes as a condition of a more favorable sentence. The court's statements at sentencing indicate that it was aware of all the facts and the court's efforts to permit appellant to demonstrate a good faith intent to make restitution did not deprive appellant of the right to challenge the amount of his civil tax liability.

19790427

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