United States v. Eric Paul Durcan

The trial of the present appellant was severed from that of his co-defendant, one Spodnick, and Durcan was convicted by a jury of violations of 18 U.S.C. § 542 , entry of goods into the United States by means of a false statement, and of 18 U.S.C. § 545 , smuggling goods into the United States.. He was also convicted of having transported a firearm in interstate or foreign commerce while a fugitive from justice, a violation of 18 U.S.C. § 922 (g)(2). Prior to trial the Government dismissed a charge against Durcan of transporting stolen goods in interstate or foreign commerce. Durcan was sentenced to concurrent terms of 2 years’ imprisonment on count I and 5 years’ imprisonment on count II. On his conviction for transporting a firearm while a fugitive, a 5-year sentence was imposed, and the sentencing judge prescribed that the latter sentence should run consecutively to the 5-year term of imprisonment resulting from the conviction on count II. Durcan appeals on two grounds: (1) That the trial court committed reversible error in admitting evidence relating to burglaries that had been committed in the United States and Canada and (2) that the prosecution failed to prove that…