U.S. v. SMITH

No. 97-1927.

145 F.3d 458 (1998)

UNITED STATES of America, Appellee, v. Stuart L. SMITH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 10, 1998.


Attorney(s) appearing for the Case

Theodore A. Barone with whom William F. Sullivan was on brief for appellant.

F. Mark Terison, Assistant U.S. Attorney, with whom Jay P. McCloskey, United States Attorney, and Jonathan A. Toof, Assistant U.S. Attorney, were on brief for appellee.

Before LYNCH, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.


COFFIN, Senior Circuit Judge.

A three-count indictment charged Stuart L. Smith with drug conspiracy, criminal forfeiture on the drug count, and tax conspiracy. After severance of the tax conspiracy charge, Smith was acquitted of drug conspiracy and therefore forfeited no property. Smith was then tried for tax conspiracy, i.e., conspiracy to defraud the Internal Revenue Service (IRS). Evidence of drug trafficking was admitted in the tax conspiracy trial to demonstrate...

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