U.S. v. PASQUANTINO

Nos. 01-4463 to 01-4465.

305 F.3d 291 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. David B. PASQUANTINO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Carl J. Pasquantino, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Arthur Hilts, a/k/a Butch, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 2002.


Attorney(s) appearing for the Case

ARGUED: Bruce Robert Bryan, Syracuse, New York, for Appellant Carl Pasquantino; Jensen Egerton Barber, Jensen E. Barber & Associates, Washington, D.C., for Appellant David Pasquantino; Isaac Joe, Jr., Baltimore, Maryland, for Appellant Hilts. Gregory Welsh, First Assistant United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Michael J. McCarthy, Bowie, Maryland, for Appellant Carl Pasquantino. Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellee.

Before GREGORY, Circuit Judge, HAMILTON, Senior Circuit Judge, and LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.


Reversed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge LEE joined. Senior Judge HAMILTON wrote a dissenting opinion.

OPINION

GREGORY, Circuit Judge.

Appellants were indicted and convicted of engaging in a scheme to defraud the governments of Canada and the Province of Ontario of excise duties and tax revenues applicable to the importation and sale of liquor. They assert that the district court erred in denying their...

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