UNITED STATES V. MUSCATO
534 F.Supp. 969 (E.D. Ny. 1982)
NATURE OF THE CASE: This was a motion for a new trial from a conviction of a conspiracy
to unlawfully manufacture firearms.
FACTS: Muscato (D) and others entered into a plan to manufacture pen guns. An agent from
ATF made a deal with D and the others to purchase 1000 units at $20,000. During the delivery
of the units, ATF arrested the parties. D refused to cooperate with the government and was
tried. Many of the coconspirators who testified as government witnesses against D, a police
officer, were not exactly model citizens. A Gollender was virtually worthless as witness
until he identified a gun that D had lent him (it had a special mark to determine the safety
position that Gollender had put there when he got the pistol from D). It was claimed by the
Government that Gollender had described the gun to an ATF agent before being shown the gun
by that agent. The gun was given to Gollender by D and made its way back to D and two other
coconspirators. D objected to the introduction of this evidence as hearsay but was overruled
by the court. D then took away the Government's 'thunder' on this issue and brought out the
issues on cross-examination of the Government agent. D was convicted and moved for a new
trial.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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