Legal Opinion

United States v. John Musacchia and Joseph Gambino

Court of Appeals for the Second Circuit

Decided March 21, 1990No. 967, 968, Dockets 88-1491, 88-1495PublishedCited by 58 opinions

1Opinion of the Court

LASKER, District Judge:

John Musacchia and Joseph Gambino appeal their convictions on one count of conspiracy to defraud the United States by willfully failing to pay gasoline excise taxes in violation of 18 U.S.C. § 371 (1988) and 26 U.S.C. §§ 7201, 7202 and 7206(2) (1982). Musacchia appeals his conviction on six additional counts of aiding and abetting evasion of such taxes.

Appellants contend that it was reversible error for the prosecution to bolster the testimony of three witnesses by eliciting testimony on direct examination that their cooperation agreements with the government required…

2Cases cited26 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
  3. Gomez v. United StatesSupreme Court of the United States · 1989
  4. Slodov v. United StatesSupreme Court of the United States · 1978
  5. United States v. BarnesCourt of Appeals for the Second Circuit · 1979

21 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Peretz v. United StatesSupreme Court of the United States · 1991
  2. United States v. CoonanCourt of Appeals for the Second Circuit · 1991
  3. United States v. ScarpaCourt of Appeals for the Second Circuit · 1990
  4. United States v. RiveraCourt of Appeals for the Second Circuit · 1992
  5. United States v. RiveraCourt of Appeals for the Second Circuit · 1992

53 more not listed; retrieve them via the Exa API.

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