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U.S. v. BROWN

No. 90-2066.

925 F.2d 1301 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. John M. BROWN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 21, 1991.

Attorney(s) appearing for the Case

David N. Williams, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., and Paula G. Burnett, Asst. U.S. Atty., Albuquerque, N.M., on the brief), for plaintiff-appellant.

Paul J. Kennedy, Albuquerque, N.M., for defendant-appellee.

Before HOLLOWAY, Chief Judge, EBEL, Circuit Judge, and NOTTINGHAM, District Judge.

HOLLOWAY, Chief Judge.

The United States appeals from a dismissal by the district court of an indictment charging the defendant, John M. Brown, with three counts of violations of the National Stolen Property Act, 18 U.S.C. §§ 2314 and 2315.1 The indictment was dismissed on the ground that the allegedly stolen property, a computer program in source code form, did not come within the ambit of 18 U.S.C. §§ 2314 and 2315...

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