Albert J. Vitali v. United States

ALDRICH, Chief Judge.

This is an appeal from a conviction for knowingly possessing stolen goods that were stolen while moving in interstate commerce. 18 U.S.C. § 659. Defendant’s first complaint is to the court’s failure to allow his motion to suppress for insufficiency of the affidavit underlying the search warrant. We have reviewed the affidavit and consider the attack unsupportable. Where goods are of a common nature and not unique there is no obligation to show that the ones sought (here a substantial quantity of watch bands) necessarily are the ones stolen, but only to show circumstances…