The opinion of the court was delivered by: HERLANDS
HERLANDS, District Judge:
The Court delivers this opinion in connection with the sentencing of the defendant.
On March 17, 1965, the defendant was indicted on five counts of perjury charging violations of 18 U.S.C. § 1621 (1964), the general perjury statute. This statute provides for a maximum punishment of five years in prison or $2000 fine, or both.
The indictment charged that, from on or about February 10, 1964 up to and including March 17, 1965, the date of the filing of the indictment, the grand jury was conducting an investigation into possible violations of the Federal Narcotics Laws, and that "As part of said investigation the grand jury was inquiring into the activities and associates of certain individuals who were believed to be participants in the illicit narcotics traffic. In addition, the grand jury was inquiring into possible sources of money used to finance narcotic transactions and the eventual disposition of any money derived from narcotic transactions."
The defendant had been called before the grand jury on February 14, 1964, April 24, 1964, and May 8, 1964. He invoked his fifth amendment privilege with respect to virtually all questions except for some personal data.
On January 21, 1965 the United States Attorney, with the approval of the Attorney General, made an application to this Court for an order granting immunity to the defendant. The application was granted, the defendant was directed to answer the questions, and he testified before the grand jury on four different occasions in January and March 1965.
On one of those sessions before the grand jury on January 22, 1965, he testified that he had gone to the Apalachin meeting in 1957 with Salvatore Tornabe and Joseph Rosado and that he had never previously told a different story to law enforcement officers about his trip to Apalachin.
The Government then claimed, and still claims, that he had previously informed the New York City Police Department that he had gone to Apalachin by himself.
On November 17, 1967, the defendant was found guilty, after a jury trial over which I presided, on Count Fifth of the indictment; and the jury disagreed on Counts First, Second and Third. Count Fourth of the indictment had been ordered severed on November 14, 1967, during the trial. The fourth count dealt with an alleged perjury revolving around the defendant's visit to Joseph Barbera's house in Apalachin, New York, on November 14, 1957, and whether he had ever told any law enforcement agency that he had traveled alone to that destination on that day.
The defendant was born on June 24, 1898. Thus, he is almost 71 years old. His wife is 68 years old.
Psychiatrically, the defendant is not suffering from any emotional disturbances or mental disorders. He does have numerous illnesses, largely due to old age. According to the authorities who have studied him and have reported to the Court, he is seen as a care case, primarily because of his physical condition, which includes obesity, poor heart sounds, a history of duodenal ulcers, bronchitis, arthritis, and multiple sclerotic conditions. The authorities who have studied him report: "There are no current contraindications to his being confined to an institution."
He was committed by this Court for study on November 22, 1968 pursuant to the provisions of 18 U.S.C. § 4208(b) (1964).
Under date of February 5, 1969, this Court received an appropriate report from the Director of the Bureau of Prisons, Myrl E. Alexander. Previously, the Court had received a presentence report dated December 12, 1967, from the Probation Service of this Court.
The defendant has submitted 17 letters from persons expressing their high regard for defendant's character and mentioning the charitable contributions to various ...