United States v. Joseph Forcellati

DOOLING, District Judge.

The United States has appealed to this court under 18 U.S.C. § 3731 from a judgment of the district court which reversed appellee’s conviction, at a non-jury trial before a magistrate, of the misdemeanor, 18 U.S.C. § 641, of conveying and disposing of property of the United States, that is, a Treasury check payable to a third person. Appellee challenges the right of the United States to appeal, contending, first, that there is no statutory authorization for an appeal from the decision of a district court reviewing a decision of a magistrate rendered after a non-jury…