U.S. V. AMADO-NUNEZ
357 F.3d 119 (1st Cir. 2004)
NATURE OF THE CASE: Nunez (D) appealed his conviction for transporting counterfeit tax
stamps in interstate or foreign commerce.
FACTS: D went through airport customs in San Juan, Puerto Rico. He arrived on a flight
from the Dominican Republic, but the prosecutor neglected to prove the origin point at
trial. D won the lottery that day and was randomly chosen for a more thorough examination.
An inspector found packages of stamps that purported to be issued by the Puerto Rico
Department of the Treasury. Many had duplicate serial numbers which meant they were
counterfeit. D was evasive and did not provide any proof of purchase or other documents
regarding the origin of the stamps. D was indicted for violating 18 U.S.C. 2314 (2000). D
was tried for this offense in a bench trial, consented to by both sides. P presented several
officials from the Puerto Rico Treasury Department who testified about the tax stamp regime
in Puerto Rico and confirmed that the stamps in question were counterfeit. D presented no
witnesses but preserved the objections raised on appeal by appropriate motions. D was found
guilty of the offense charged. D appealed: the evidence does not establish the interstate or
foreign commerce element of the offense, and that the statute does not apply to the stamps
in question.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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