Libretti v. United States, 516 U.S. 29, 18 (1995)

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46

LIBRETTI v. UNITED STATES

Opinion of the Court

(Presentence Report, Prosecutor's Statement ¶ 6); Presentence Report ¶ 37. Another told of Libretti's purchase of a sports car with a check for $19,114. 5 Tr. 907-913. Other witnesses described Libretti's possession, in his capacity as a federal firearms dealer, of numerous automatic and semi-automatic firearms, later determined to be worth at least $243,000. See, e. g., 2 id., at 140-141, 156-162; 5 id., at 844- 853; App. 123 (Presentence Report, Prosecutor's Statement

¶ 9). One witness testified that Libretti admitted having "quite a bit of money stashed away" in safe deposit boxes, 5 Tr. 834, and on at least one occasion had "a couple thousand" dollars in cash "sitting around," id., at 835. Other witnesses established that Libretti often stored cash and drugs in safe deposit boxes and storage facilities away from his home. See, e. g., 2 id., at 155-156; 4 id., at 718-720, 738- 743. One of Libretti's drug customers testified that he broke into a storage facility at which Libretti had rented a storage locker and discovered a briefcase containing a large amount of cash (later estimated in the presentence report to be approximately $150,000), a large block of cocaine, and five large trash bags, at least one of which was filled with marijuana. Id., at 558-566, 588-589.

Prior to sentencing, the court received the presentence investigation report, which contained, among other things, a summary of Libretti's legitimate income during the relevant time periods. During 1985 and 1986, Libretti worked as a restaurant and grocery store manager, earning approximately $20,000 per year. In early 1987, he was employed as a temporary stock broker and was paid on commission only. Later that year, he managed a Tenneco thrift store. In 1989, Libretti reported an income of approximately $50,000 from his firearms business. During 1988 and 1989, Libretti also owned a partnership interest in two condominiums; he reported that the rental income did not meet his expenses and thus he did not earn a profit. Between June 1989 and his arrest in December 1991, Libretti worked as a full-time

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