Russell v. United States

FERREN, Senior Judge:

After a bench trial, appellants Roderick Russell and Richard Castoreño were each convicted on one count of second-degree theft1 and malicious destruction of property (MDP).2 Both convictions were attributable to appellants’ removal and sale of surplus telephone cable from the Federal Aviation Administration (FAA) building, where they had worked as temporary employees of an independent contractor. Russell and Castoreño each received concurrent 180-day sentences of incarceration on each count, all suspended, followed by one year of supervised probation. Appellants filed…