United States v. Lee

KEARSE, Circuit Judge:

Defendant Destín Lee appeals from a judgment entered in the United States District Court for the Southern District of New York, convicting him following a jury trial before Vincent L. Briccetti, Judge, of theft of government property in violation of 18 U.S.C. § 641, sentencing him principally to 30 months’ imprisonment, and ordering him to forfeit $400,000 and to pay $400,000 in restitution. On appeal, Lee contends principally that his conviction of a § 641 felony violated the Grand Jury Clause of the Fifth Amendment to the Constitution' because a violation of that…