UNITED STATES v. SPEIR

Nos. 75-1807, 75-1808.

564 F.2d 934 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Richard SPEIR and Gary Puffer, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Submitted September 12, 1977.

Decided November 10, 1977.


Attorney(s) appearing for the Case

John S. Castellano of Holland & Hart, Denver, Colo., for defendants-appellants Speir and Puffer.

Max D. Wheeler, Asst. U. S. Atty., Salt Lake City, Utah, for plaintiff-appellee.

Before LEWIS, Chief Judge, and SETH, HOLLOWAY, McWILLIAMS, BARRETT and DOYLE, Circuit Judges.


Submitted En Banc September 12, 1977.

HOLLOWAY, Circuit Judge.

Defendants Speir and Puffer were convicted under 18 U.S.C. § 641 (1970) of stealing Government property, approximately 250 Christmas trees allegedly worth approximately $1,250, from a national forest. A co-defendant, Vernon Black, was convicted of wilfully and knowingly receiving the stolen trees under the same statute. All three defendants appeal their convictions and sentences, one year...

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