United States v. Wiederkehr

OPINION OP THE COURT

LEONARD, Senior Judge:

If a person finds a lost credit card and decides at that time to convert it to his own use, has he stolen the card through a wrongful taking or a wrongful withholding? Appellant asserts the military judge chose the wrong theory of larceny and the facts of appellant’s guilty plea inquiry do not support the chosen theory. He also asserts his sentence is inappropriately severe. We disagree with both claims.

I

The offenses charged against appellant were larceny of the credit card, conspiracy to commit larceny with the credit card, and larceny by using the…