Legal Opinion · Dissent

United States v. Stephen Kramer

Court of Appeals for the Second Circuit

Decided May 2, 1961No. 97, Docket 26294Published

1DissentMagruder, Circuit Judge

I think it is clear that the sentence imposed upon the conviction on Count IV cannot stand because of a fatal error in the instructions of the trial court thereon. The substantive offense with which Count IV deals is found in 18 U.S. C. § 641, as follows:

“Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department…

2Cases cited7 opinions

  1. Yates v. United StatesSupreme Court of the United States · 1957
  2. Sealfon v. United StatesSupreme Court of the United States · 1948
  3. United States v. OppenheimerSupreme Court of the United States · 1916
  4. Hoag v. New JerseySupreme Court of the United States · 1958
  5. The Evergreens v. NunanCourt of Appeals for the Second Circuit · 1944

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