UNITED STATES v. FITZGIBBON

No. 77-1520.

576 F.2d 279 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth C. FITZGIBBON, a/k/a Michael Coe, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 9, 1978.

Rehearing Denied June 9, 1978.


Attorney(s) appearing for the Case

Richard S. Henderson, San Diego, Cal., for defendant-appellant.

Rod W. Snow, Asst. U. S. Atty., Denver, Colo. (Joseph F. Dolan, U. S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Kenneth C. Fitzgibbon appeals his conviction by a jury of knowingly and willfully making a false statement in violation of 18 U.S.C. § 1001, in connection with bringing foreign currency through U. S. Customs.

On appeal the appellant makes a number of claims: the indictment was defective; he was charged under the wrong statute; the evidence was insufficient to support the verdict; he was the victim of an illegal search; the jury was...

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