United States v. McDuffie

OPINION OF THE COURT

SMITH, Judge:

Appellant asserts that he cannot, as the owner of a car, be convicted of a conspiracy to destroy the same car. We believe that under the circumstances of this case, appellant did conspire to destroy the “property of another” and affirm.

In an attempt to defraud his insurance company, appellant conspired with Private First Class (PFC) Harrison to destroy appellant’s 1986 Oldsmobile Cutlass. PFC Harrison did so by steering the car over a cliff in El Paso County, Colorado. Appellant reported the car stolen and received $8,450.00 from the Allstate Insurance…