U.S. v. Amado-Nunez

357 F.3d 119 (1st Cir. 2004)

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Nature of the Case

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Facts

D went through airport customs in San Juan, Puerto Rico. He arrived on a flight from the Dominican Republic, but the prosecutor neglected to prove the origin point at trial. D won the lottery that day and was randomly chosen for a more thorough examination. An inspector found packages of stamps that purported to be issued by the Puerto Rico Department of the Treasury. Many had duplicate serial numbers which meant they were counterfeit. D was evasive and did not provide any proof of purchase or other documents regarding the origin of the stamps. D was indicted for violating 18 U.S.C. § 2314 (2000). D was tried for this offense in a bench trial, consented to by both sides. P presented several officials from the Puerto Rico Treasury Department who testified about the tax stamp regime in Puerto Rico and confirmed that the stamps in question were counterfeit. D presented no witnesses but preserved the objections raised on appeal by appropriate motions. D was found guilty of the offense charged. D appealed: the evidence does not establish the interstate or foreign commerce element of the offense, and that the statute does not apply to the stamps in question.