United States v. Hemant Patel, Raoji Patel, Bridgewater Development Co., and Pacific Food Beverages, Inc.

Good Law
762 F.2d 784
United States Court of Appeals for the Ninth CircuitJune 28, 198584-1143 and 84-1146 to 84-1148California5,722 words

Opinion

Opinion

Poole, J.

On November 9, 1983, appellants Hemant Patel, Raoji Patel, Bridgewater Development Company, and Pacific Food and Beverages were charged in a three-count indictment by the Federal Grand Jury in San Francisco. All appellants were charged in Count One with conspiracy to defraud the United States under 18 U.S.C. § 371 by failing to comply with the International Coffee Agreement of 1962, 14 U.S.T. 1911, T.I.A.S. No. 5505, and in Count Two with importation of coffee contrary to the provisions of that agreement, hence violating 18 U.S.C. § 545 , the smuggling statute. Appellants Raoji Patel and Bridgewater Development Company were charged in Count Three with false statements in violation of 18 U.S.C. § 1001 . Count Three was dismissed upon motion of the government.

The appellants pleaded not guilty to all charges. Venue was ordered changed to Guam on December 19, 1983. On March 21, 1984, a jury found appellants guilty of Counts One and Two.

Motions for judgment of acquittal or for new trial were denied. On May 14, 1984, Hemant Patel was sentenced to one year in prison and a $10,000 fine on Count One, to five years probation and a consecutive $10,-000 fine on Count Two, and was ordered…

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