United States v. Amado-Nunez

357 F.3d 119 (2004)

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United States v. Amado-Nunez

United States Court of Appeals for the First Circuit
357 F.3d 119 (2004)

SC

Facts

Amado-Nunez (defendant) was stopped while going through a customs checkpoint at the airport in San Juan, Puerto Rico. The customs agent found stamps in his luggage that looked suspicious and were eventually determined to be counterfeit. Amado-Nunez was charged with transporting counterfeit tax stamps in interstate or foreign commerce. One of the elements of the crime is that the stamps were actually transported in interstate or foreign commerce. Although the indictment stated that Amado-Nunez had arrived in Puerto Rico on a flight from the Dominican Republic, the prosecution neglected to prove this point at trial. The trial court convicted Amado-Nunez and he appealed on the grounds that the evidence did not establish the interstate or foreign commerce element of the transportation crime.

Rule of Law

Issue

Holding and Reasoning (Boudin, C.J.)

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