UNITED STATES v. FORCELLATI

No. 79-1225.

610 F.2d 25 (1979)

UNITED STATES of America, Appellant, v. Joseph FORCELLATI, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided December 6, 1979.


Attorney(s) appearing for the Case

Joan C. Stanley, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., and Robert B. Collings, First Asst. U. S. Atty., Boston, Mass., were on brief, for appellant.

Jeffrey M. Smith, Boston, Mass., by appointment of the Court, for appellee.

Before KUNZIG, Judge, U.S. Court of Claims, BOWNES, Circuit Judge, DOOLING, Senior District Judge.


DOOLING, District Judge.

The United States has appealed to this court under 18 U.S.C. § 3731 from a judgment of the district court which reversed appellee's conviction, at a non-jury trial before a magistrate, of the misdemeanor, 18 U.S.C. § 641, of conveying and disposing of property of the United States, that is, a Treasury check payable to a third person. Appellee challenges the right of the United States to appeal, contending, first, that there is no...

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