UNITED STATES v. ECKMANN

No. 80-1665.

656 F.2d 308 (1981)

UNITED STATES of America, Appellee, v. Wallace H. ECKMANN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 10, 1981.


Attorney(s) appearing for the Case

Robert Vogel, Grand Forks, N. D., for appellant.

James R. Britton, U. S. Atty., James S. Hill (argued), Lynn E. Crooks, Asst. U. S. Attys., Bismarck, N. D., for appellee.

Before LAY, Chief Judge, ROSS, Circuit Judge, and ROBINSON, District Judge.


ROSS, Circuit Judge.

Wallace H. Eckmann appeals his conviction on one count of receiving stolen merchandise knowing the same to be stolen in violation of 18 U.S.C. § 2315. We reverse.

Wallace H. Eckmann purchased three pieces of stolen machinery, two tractors and a wheel loader from Roland Edward Mathis a/k/a Jake Mathis. At trial the evidence established that the machinery was stolen, had been transported in interstate commerce and had a value of $5...

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