This section contains the nature of the case and procedural background.

950 cases of Philip Morris cigarettes were stolen. They were worth over $200,000. The FBI eventually tracked the stolen van and the cigarettes down to a truck yard in Jersey City. Eventually when the parties involved were arrested the FBI found most of the cigarettes, a part of the bill of lading taken from the driver of the truck when the cigarettes were stolen, and a number of keys that fit the locked doors were the cigarettes were secreted. When the agents approached Dimaria (D) he said: 'I thought you guys were just investigating white collar crime, what are you doing here? I only came here to get some cigarettes real cheap.' This statement was not used at trial and D objected and appealed after his conviction.

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