Michael J. Fitzpatrick - Page 16

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                  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,  * * *                                                     




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