Kismetoglu
United States v. Kismetoglu
Opinion
lead Opinion
Pregerson, J.
JUDGMENT OF ACQUITTAL AND ORDER CONDITIONALLY GRANTING DEFENDANT’S MOTION FOR RETURN OF PROPERTY
A trial having been held on the Indictment filed herein charging the defendant, Agop Kismetoglu, with the commission of a violation of Title 18, United States Code, Section 545 (Smuggling goods into the United States), and the jury having returned a verdict of guilty, the defendant has moved for judgment of acquittal, pursuant to Rule 29 of the Federal Rules of Criminal Procedure, and for return of the property that was seized from him by the Bureau of Customs.
On a motion for judgment of acquittal the Court must decide whether the evidence is insufficient to sustain a conviction of the offense charged. In reaching his decision, the Court must view the evidence in the light most favorable to the government.
This has been a vexing case. The gravamen of the offense is the clandestine introduction into the United States with specific intent to defraud the United States, of merchandise that should be *334 declared to customs inspectors. The evidence brought out the following facts:
On the evening of June 4, 1971, the defendant, who is 41 years old, his wife, and his three minor…