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v.
states:
Background
Browns’ arrests, and some of the tactics the Browns used to avoid
being arrested. Deputy Marshal Berry will also explain that the
and some of the tactics that were used by the United States
offenses that are charged in this case and also to complete the
story of how and why the offenses were committed. United States
Mazza, 792 F.2d 1210, 1215 (1st Cir. 1986); United States v.
Freeman, 816 F.3d 1210, 1215 (10th Cir. 1987); and United States
v. Love, 767 F.2d 1052, 1063 (4th Cir. 1985)). See also United
(1st Cir.) cert. denied, 519 U.S. 904 (1996) and United States v.
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agents to arrest the Browns.
paying personal income taxes because the IRS does not have the
1
The defendants are charged with Conspiring to Prevent
Officers of the United States from Discharging Their Duties, in
violation of 18 U.S.C. §372 (Count One); and Conspiracy to
Forcibly, Assault, Resist, Oppose, Impede, Intimidate and
Interfere with Officers of the United States and to be
Accessories After the Fact, in violation of 18 U.S.C. §§ 371,
111(a)(1) and 3 (Count 2); and Accessory After the Fact, in
violation of 18 U.S.C. §3. Defendants Gerhard and Riley are also
charged with Carrying and Possessing a Firearm in Connection with
a Crime of Violence, in violence of 18 U.S.C. §924(c)(1)(A)(I)
and 924(c)(1)B)(ii)(Counts 4 and 6, respectively). Defendant
Gonzalez is also charged with Carrying and Possessing a Firearm
in Connection with a Crime of Violence, in violation of 18 U.S.C.
§924(c)(1)(A)(I) (Count 4).
2
In addition, the admission of the evidence may invite
the defendants to assert a defense of jury nullification, which
is not permitted by the First Circuit Court of Appeals. United
States v. Sepulveda, 15 F.3d 1161, 1190 (1st Cir. 1993) (citing
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Argument
Conclusion
United States v. Boardman, 419 F.2d 110, 116 (1st Cir. 1969),
cert. denied, 397 U.S. 991 (1970)(“Jurors have the power to
ignore the law, but their duty is to apply the law as interpreted
by the court, and they should be so instructed”).
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personal income taxes.
Respectfully submitted,
Thomas Colantuono
United States Attorney
Certificate of Service
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