United States v. Joseph Montanaro

Joseph Montanaro appeals from a conviction on two counts of assault upon federal officers in violation of 18 U.S.C. § 111, after trial by jury before Judge Mishler. He was sentenced to a year and a day, concurrent, on each count, and to a fine of $1250 on each count. We find no error and affirm the judgment.

Montanaro was stopped by Internal Revenue Agents while proceeding in his car in Brooklyn. The agents had a warrant for Montanaro’s arrest for violation of federal gambling tax statutes. As Montanaro passed the agents, they used their cars to surround him, and apparently left a small…