United States v. Anthony Cimini and John J. O'Malley

PHILLIPS, Chief Judge.

John O’Malley and Anthony Cimini appeal their convictions by a jury for violation of 18 U.S.C. § 659 and for con spiracy under 18 U.S.C. § 371. Both were charged in two counts of a three count indictment. Count one charged them with conspiracy to steal, conceal and convert to their own use goods moving as or constituting an interstate shipment. Count three charged them with receiving and possessing the goods knowing them to have been stolen. Four other defendants were charged in one or more of the counts of the indictment, and all were tried in a joint trial.

During the…