UNITED STATES v. BIRNSTIHL

No. 26435.

441 F.2d 368 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Louis BIRNSTIHL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 21, 1971.


Attorney(s) appearing for the Case

Ron Bain (argued), Los Angeles, Cal., for defendant-appellant.

Dale Henry Thayer (argued), Asst. U. S. Atty., Howard Frank, Asst. U. S. Atty., David R. Nissen, Chief, Crim. Div., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, HAMLEY, and HUFSTEDLER, Circuit Judges.


PER CURIAM:

Appellant, Paul Louis Birnstihl, seeks reversal of his conviction for violating 18 U.S.C. § 1708 (mail theft), arguing that the Government failed to prove the elements of the offense for which he was indicted.

Birnstihl was arrested in January of 1970 attempting to charge merchandise to a credit card that was not his own. He also had possession of two credit cards in the name of Mr. and Mrs. Steven Gubics. The Gubics never received the cards...

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