Edward A. Pugliese v. United States

ALDRICH, Chief Judge.

The defendant was tried and convicted under a multi-count indictment involving the operation of an illegal still. The evidence placed him on the premises shortly *838after a raid by Treasury agents. Because his presence was unexplained the government’s prima facie case was made out by the presumptions authorized by sections 5601(b) (1) and (2) of Title 26 U.S.C. Unfortunately, for present purposes, instead of imposing sentences to be served concurrently the court imposed a sentence to be served on Count 1, involving the section 5601(b) (1) presumption, and separate sentences…