UNITED STATES v. MOSCHETTA

No. 81-5239.

673 F.2d 96 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew J. MOSCHETTA, John Leonard Lett, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

April 12, 1982.


Attorney(s) appearing for the Case

Neal R. Sonnett, Benedict P. Kuehne, Miami, Fla., for Moschetta.

Flynn, Rubio & Tarkoff, Vincent J. Flynn, Miami, Fla., for Lett.

Martin R. Raskin, Miami, Fla., William C. Bryson, Washington, D.C., for plaintiff-appellee.

Before MORGAN, TJOFLAT and ANDERSON, Circuit Judges.


TJOFLAT, Circuit Judge:

Appellants Matthew J. Moschetta and John Leonard Lett were convicted, after a joint jury trial, of violating 18 U.S.C. § 371 (1976) by conspiring to receive and to transfer in the United States 50,000 M-16 rifles without registering the weapons on the National Firearms and Transfer Record or notifying the Secretary of Treasury, all in violation of the Gun Control Act of 1968, 26 U.S.C. § 5801 et seq. (1976) (the Act). Moschetta...

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