Alfonzo Fred Iachino v. United States

Fifth Circuit

Alfonzo Fred Iachino v. United States

437 F.2d 92, 1971 U.S. App. LEXIS 12035

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 4, 1971

Docket29884

StatusPublished

Cited by1 cases

This text of 437 F.2d 92 (Alfonzo Fred Iachino v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alfonzo Fred Iachino v. United States, 437 F.2d 92, 1971 U.S. App. LEXIS 12035 (5th Cir. 1971).

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Opinion

PER CURIAM:

Alfonzo Fred Iachino was found guilty by a jury on three counts of an indictment charging a violation of 26 U.S.C. § 7201 for knowingly and willfully attempting to evade and defeat the wagering excise tax imposed by 26 U.S.C. § 4401 by filing and causing to be filed a false and fraudulent wagering excise tax return. On this appeal he makes the following contentions: (1) he could not

possess the requisite scienter to commit the crimes charged because he is a “compulsive gambler”; (2) he was the victim of a legislative scheme of entrapment which constitutes a bill of attainder; (3) he did not receive a fair trial because of improper jury instructions by the court and improper jury argument by government counsel; (4) evidence was improperly admitted against him and he was denied the right of confrontation; and, (5) the court erred in failing to suppress certain evidence alleged to have been obtained as the result of a “sham arrest.”

We have considered all of appellant’s contentions and find them totally without merit. The judgment of conviction based upon the jury’s verdict is affirmed.

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PER CURIAM:

Alfonzo Fred Iachino was found guilty by a jury on three counts of an indictment charging a violation of 26 U.S.C. § 7201 for knowingly and willfully attempting to evade and defeat the wagering excise tax imposed by 26 U.S.C. § 4401 by filing and causing to be filed a false and fraudulent wagering excise tax return. On this appeal he makes the following contentions: (1) he could not

possess the requisite scienter to commit the crimes charged because he is a “compulsive gambler”; (2) he was the victim of a legislative scheme of entrapment which constitutes a bill of attainder; (3) he did not receive a fair trial because of improper jury instructions by the court and improper jury argument by government counsel; (4) evidence was improperly admitted against him and he was denied the right of confrontation; and, (5) the court erred in failing to suppress certain evidence alleged to have been obtained as the result of a “sham arrest.”

We have considered all of appellant’s contentions and find them totally without merit. The judgment of conviction based upon the jury’s verdict is affirmed.

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437 F.2d 92, 1971 U.S. App. LEXIS 12035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfonzo-fred-iachino-v-united-states-ca5-1971.

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