- 16 - Petitioner argues that the results of the convictions for tax evasion are inconclusive based on his acquittal on the charge of conspiracy to defraud the United States. We are not persuaded. It is a well established principle that a verdict of guilt rendered by a jury cannot be attacked for inconsistency with an acquittal on a related charge. United States v. Powell, 469 U.S. 57 (1984); United States v. Galbraith, 20 F.3d 1054 (10th Cir. 1994). Inconsistent verdicts may stand, though they clearly infer the jury's "'assumption of a power which they had no right to exercise, but to which they were disposed through lenity.'" Dunn v. United States, 284 U.S. 390, 393 (1932) (quoting Steckler v. United States, 7 F.2d 59, 60 (2d Cir. 1925)); see United States v. Powell, supra at 65 ("It is equally possible that the jury, convinced of guilt, properly reached its conclusion on the compound offense, and then through mistake, compromise, or lenity, arrived at an inconsistent conclusion on the lesser offense."). As to the application of collateral estoppel where there is an inconsistent verdict, the Court of Appeals for the Fifth Circuit has stated that such reconciliation is best approached on a case-by-case basis. United States v. Price, 750 F.2d 363, 366 12(...continued) (A) with respect to the portion of the underpayment described in paragraph (1) which is attributable to fraud, * * *Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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