United States v. Kenneth C. Fitzgibbon, A/K/A Michael Coe

LOGAN, Circuit Judge.

Kenneth C. Fitzgibbon appeals his conviction by a jury of knowingly and willfully making a false statement in violation of 18 U.S.C. § 1001, in connection with bringing foreign currency through U. S. Customs.

On appeal the appellant makes a number of claims: the indictment was defective; he was charged under the wrong statute; the evidence was insufficient to support the verdict; he was the victim of an illegal search; the jury was improperly instructed; and the Act involved here is unconstitutional.

Defendant-appellant Fitzgibbon entered the United States at Denver on a…