United States v. Orville Klecan
Court of Appeals for the Eighth Circuit
1DissentMcMILLIAN, Circuit Judge
I respectfully dissent. Because there is no evidence of value either above or below $500,1 would reverse and remand the judgment of the district court with instructions to discharge the appellant. Section 714m(c), like its counterpart 18 U.S.C. § 641, is essentially a statute proscribing larceny, theft, and conversion. In both statutes the property value elements have historically created a division between felony and misdemeanor. In Cartwright v. United States, 146 F.2d 133, 135 (5th Cir.1944), the court stated:
It is, therefore, well settled that where the grade of larceny, and consequently…
2Cases cited5 opinions
- Cartwright v. United StatesCourt of Appeals for the Fifth Circuit · 1944
- United States v. Charles Haskel WilsonCourt of Appeals for the Fourth Circuit · 1960
- United States v. Ralph George CiongoliCourt of Appeals for the Third Circuit · 1966
- United States v. James Harris and Richard GrayCourt of Appeals for the Seventh Circuit · 1984
- Rudy Luther v. Loewi & Co., Inc. And Merrill J. AndersonCourt of Appeals for the Eighth Circuit · 1977