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UNITED STATES v. CONCEPCION

No. 397, Docket 33899.

419 F.2d 1263 (1970)

UNITED STATES of America, Appellee, v. Charles CONCEPCION, Appellant.

United States Court of Appeals Second Circuit.

Decided January 8, 1970.

Attorney(s) appearing for the Case

Jerome C. Ditore, Asst. U. S. Atty., Eastern Dist. of New York (Edward R. Neaher, U. S. Atty., on the brief), for appellee.

Michael J. Gillen, New York City, for appellant.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and MANSFIELD, District Judge.

PER CURIAM:

We affirm in open court the conviction of Charles Concepcion on one count of violating 18 U.S.C. section 659, which proscribes theft of interstate or foreign shipments. The sole point raised on appeal is that federal criminal jurisdiction is lacking, i. e., that the truckload of goods which Concepcion hijacked was not an interstate or foreign shipment.

The shipment consisted of 190 cases of photographic equipment shipped from Japan to Nippon Kogaki...

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