United States v. Francisco Sacco

Sacco appeals from his convictions for failure to report the transporting of more than $10,000 across the United States/Canadian border and for making false statements to customs officials in violation of 31 U.S.C. §§ 5316 and 5322(a), and 18 U.S.C. § 1001 . Sacco contends that the district court erred by permitting the jury to replay the videotaped deposition of a prosecution witness after deliberations had begun. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 and we have jurisdiction under 28 U.S.C. § 1291 . We hold that the court did not abuse its discretion in authorizing a second viewing of the videotaped deposition, and therefore affirm Sacco’s convictions.

I

On February 14, 1986, Sacco and a passenger, Milito, approached the United States border from the Canadian side in Sacco’s car. A customs inspector, after seeing identification and asking a few questions, directed Sacco and Milito to park the car and go inside for further inspection.

A customs official explained the currency law and requested Sacco and Milito to fill out a customs form. They both checked the “no” answer to the question inquiring whether they were transporting more than $10,000 in…