UNITED STATES v. COLLINS

No. 26932.

464 F.2d 1163 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. George Lorenzo COLLINS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing July 26, 1972.


Attorney(s) appearing for the Case

Richard A. Bancroft (argued), San Francisco, Cal., for defendant-appellant.

James W. Meyers (argued), Dept. of Justice, Washington, D. C., James L. Browning, U. S. Atty., James H. Daffer, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and POWELL, District Judge.


HUFSTEDLER, Circuit Judge:

Collins appeals from his conviction for violating 18 U.S.C. § 641 by converting to his own use $36,006 in federal funds. We reverse because the Government failed to prove that Collins converted property of the United States.

In late 1968, the Economic Opportunity Council of San Francisco ("EOC") entered into a contract with the United States Department of Labor whereby the Labor Department agreed to provide funding for certain...

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