United States v. Alfredo Puchi, Jr.

By grand jury indictment filed on April 29, 1969, appellant Alfredo Puchi, Jr., and Joe “Doe” were accused of violating various sections of the Internal Revenue Code relating to unlawful possession, transportation, sale and relanding of non-tax and duty paid liquor. The individual referred to in the indictment as Joe “Doe” is Jose Cruz Velez, a resident and National of the Republic of Mexico.

Following trial to a jury, appellant was convicted on Count II of the indictment which reads:

and was acquitted of the charges set forth in Counts I and III of the indictment.

He was committed to the custody of the Attorney General for imprisonment for a period of one year and fined in the sum of $10,000. The execution of the sentence of imprisonment was suspended for a period of two years on condition that he violate no laws of the United States or of any state, and that he pay the fine within sixty days from the date of sentence.

26 U.S.C.A. § 5205 (a) (2) provides:

Appellant concedes in his reply brief that the evidence at the trial is sufficient to sustain the conviction of appellant on Count II. This fact obviates the necessity of setting forth in extenso a statement of the evidence…