Counterfeiting Sentences of 36 and 48 Months Affirmed
The First Circuit Court of Appeals has affirmed the convictions and sentencing of Nelson Acevedo-Cruz and his wife Noraida Beltran who were indicted on November 4, 2004 on multiple counts of conspiracy to infringe copyright, trafficking in counterfeit labels, and trafficking in counterfeit goods or services. Following a twelve-day trial in November 2005, a jury found Acevedo and Beltran guilty on all charged counts. Acevedo and Beltran were sentenced to 48 months and 36 months in prison, respectively. In their appeal, the defendants contended that they did not know that they were making unauthorized copies of movies. The appeals court rejected this contention in part because of evidence presented by the government at trial of an earlier permanent injunction entered against Acevedo in a civil action that enjoined him from reproducing copyrighted movies. The Court of Appeals affirmed the sentences which were below the guideline ranges of 63-78 months for Acevedo and 41-51 months for Beltran. The decision is reported as U.S. v. Beltran, 2007 WL 2685157 (1st Cir. Sept. 14, 2007).