UNITED STATES v. SCHULTZ

No. 71-2598.

462 F.2d 622 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Russell B. SCHULTZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 20, 1972.


Attorney(s) appearing for the Case

Salvatore E. Scarantino, Los Angeles, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Stanley I. Greenberg, Eric A. Nobles, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH, HUFSTEDLER and WRIGHT, Circuit Judges.


PER CURIAM:

Following trial to the court Schultz was convicted on two counts of illegal possession of checks stolen from the mails, in violation of 18 U.S.C. § 1708. The district court sentenced him to 42 months of imprisonment on each count, the sentences to run concurrently.

Schultz argues that the evidence failed to demonstrate his knowledge that the checks had been stolen. The argument has two thrusts. He first contends that the government must prove...

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