United States v. Robert Earl Bess

KEITH, Circuit Judge.

A jury convicted appellant Robert Earl Bess, of concealing and retaining United States Government property worth over $100 while knowing that the property had been unlawfully converted. 18 U.S.C. § 641. As this case presents yet another instance of prosecutorial misconduct by the United States Attorney’s office for the Western District of Kentucky, we reverse and remand for a new trial.

I

The facts of this case are strikingly similar to the facts in the famous case of Morissette v. United States, 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 (1952). The Fort Campbell Military…