Robert Douglas Rainwater v. United States

This is an appeal from the district court’s denial of a motion to vacate the judgment and sentence 1 of a federal prisoner. We affirm.

The appellant was convicted by a jury of theft of property belonging to the United States, in violation of 18 U.S.C. § 641. He took no direct appeal, but now collaterally attacks his conviction, contending that the government did not prove his guilt of the charge since no evidence was introduced at his trial to show that the property was actually removed from the interior of the burglarized building.

The appellant’s conception of the elements of the crime with…