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United States First Circuit


US v. Pesaturo, 04-1285

Conviction for evading fuel excise taxes is affirmed where, despite the fact that the charged conduct occurred while regulations were in a state of transition, a jury could permissibly find that defendant was liable for the taxes underlying his conviction and that he willfully failed to pay those taxes.

Appellate Information

  • Decided 02/16/2007
  • Published 02/16/2007

Judges

  • LIPEZ, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • William J. Cintolo, with whom Thomas R. Kiley, Nicholas A. Kenney, and Cosgrove, Eisenberg & Kiley were on brief, for appellant.

  • For Appellees:
  • S. Robert Lyons, with whom Eileen O'Connor, Assistant Attorney General, and Alan Hechtkopf were on brief, for appellee.
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