Legal Opinion
United States v. Barker
District Court, D. Delaware
Decided June 29, 1970No. Crim. A. No. 1982PublishedCited by 3 opinions
1Opinion of the Court
OPINION
LAYTON, District Judge.
Defendant was convicted of transporting goods having a value in excess of $5,000.00 in interstate commerce, knowing them to have been stolen.1 He has moved for a judgment of acquittal under Rule 29(c) F.R.Crim.P. based upon the failure of the Government to offer proof from which a jury might infer, beyond a reasonable doubt, that the merchandise in question was worth at least $5,000.00.
The sole facts offered in evidence by the United States on this point are these:(1) Defendant drove one truckload of this merchandise, knowing it to be stolen, away from Oxford,…
2Cases cited5 opinions
- Carlson v. United StatesCourt of Appeals for the Tenth Circuit · 1951
- United States v. Charles Haskel WilsonCourt of Appeals for the Fourth Circuit · 1960
- United States v. Richard C. MarinoCourt of Appeals for the Second Circuit · 1968
- Buchanan v. United StatesCourt of Appeals for the Eighth Circuit · 1947
- United States v. ThomasDistrict Court, E.D. Pennsylvania · 1955
3Cited by3 opinions
- United States v. John Digilio, in No. 75-2218. Appeal of Harry Lupo, in No. 75-2219. Appeal of Peter Szwandrak, in No. 75-2220Court of Appeals for the Third Circuit · 1976
- United States v. BastoneCourt of Appeals for the Seventh Circuit · 1975
- United States v. John Digilio, in No. 75-2218. Appeal of Harry Lupo, in No. 75-2219. Appeal of Peter Szwandrak, in No. 75-2220Court of Appeals for the Third Circuit · 1976