Legal Opinion · Dissent

United States v. Orville Klecan

Court of Appeals for the Eighth Circuit

Decided October 5, 1988No. 87-2210Published

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

  1. Cartwright v. United StatesCourt of Appeals for the Fifth Circuit · 1944
  2. United States v. Charles Haskel WilsonCourt of Appeals for the Fourth Circuit · 1960
  3. United States v. Ralph George CiongoliCourt of Appeals for the Third Circuit · 1966
  4. United States v. James Harris and Richard GrayCourt of Appeals for the Seventh Circuit · 1984
  5. Rudy Luther v. Loewi & Co., Inc. And Merrill J. AndersonCourt of Appeals for the Eighth Circuit · 1977

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