(DOWNLOAD) "United States v. Baratta" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Baratta
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 21, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Appellants Anthony Baratta, Samuel Monastersky and Rocco Sancinella here appeal their convictions of violations of 21 U.S.C. §Â§ 173, 174 (1964) relating to the unlawful importation and distribution of narcotics. The indictment was in two counts. The first count charged each appellant with conspiracy to violate the above-mentioned statutes, such a conspiracy being specifically made illegal by section 174. The second count alleged that each appellant was guilty of a substantive violation of these sections as well. All three appellants were convicted on both counts after a four day jury trial. Baratta was sentenced to five years imprisonment on the conspiracy count and ten years on the substantive count, to run consecutively. Monastersky was given concurrent ten year sentences on each count. Sancinella received consecutive sentences of five and eight years on the conspiracy and substantive counts respectively. Their appeal presents three issues which merit discussion: (1) Barattas claim that the Government improperly used against him at trial a statement obtained from him in violation of the Miranda doctrine and objects illegally seized at the time of his arrest; (2) the contention of Monastersky and Sancinella that there was insufficient evidence of their knowledge of illegal importation of the narcotics to sustain the jurys verdict; (3) Barattas contention that various errors in the trial courts charge, either individually or cumulatively, deprived him of a fair trial. Upon a consideration of the entire record, we feel that there was adequate evidentiary support for the verdict and that no prejudicial error has been committed. We therefore affirm the convictions of all appellants.
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