UNITED STATES v. ANTON

No. 76-2566.

547 F.2d 493 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. James ANTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 28, 1976.


Attorney(s) appearing for the Case

Clifford Tedmon, Asst. Federal Defender, Sacramento, Cal., for defendant-appellant.

Thomas Couris, Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellee.

Before BROWNING and SNEED, Circuit Judges, and BURNS, District Judge.


SNEED, Circuit Judge:

James Anton was convicted of possession of stolen mail matter in violation of 18 U.S.C. § 1708. On appeal, he challenges the trial court's denial of his motion for acquittal, arguing that the Government failed to prove a theft from the mail and that there was a fatal variance between the indictment and the proof.

On December 11, 1974, Slakey Brothers issued and mailed a check in the amount of $95,410.13 to the Brumley-Donaldson Company...

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