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UNITED STATES v. O'KELLEY

No. 82-2367.

701 F.2d 758 (1983)

UNITED STATES of America, Appellee, v. Delbert O'KELLEY, a/k/a Fred, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1983.

Rehearing Denied April 4, 1983.

Attorney(s) appearing for the Case

Evans & Dixon, Erich V. Vieth, St. Louis, Mo., for defendant.

Thomas E. Dittmeier, U.S. Atty., Mitchell F. Stevens, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before HEANEY, McMILLIAN and ARNOLD, Circuit Judges.

PER CURIAM.

Delbert O'Kelley was found guilty of violating 18 U.S.C. § 641 (1976), because he had retained with the intent to convert to his own use a "thing of value of the United States" with the knowledge that such was "embezzled, stolen, purloined or converted." O'Kelley filed a motion for judgment of acquittal both before and after the jury verdict. The district court denied the motion and entered judgment against O'Kelley on November 5, 1982. It sentenced...

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