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U.S. v. JOHNSON

No. 91-30157.

956 F.2d 197 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Dale Leroy JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 31, 1992.

Attorney(s) appearing for the Case

Brian L. Delaney, Mulroney, Delaney & Scott, Missoula, Mont., for defendant-appellant.

Kris A. McLean, Asst. U.S. Atty., Helena, Mont., for plaintiff-appellee.

Before WRIGHT, NORRIS and HALL, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Dale Leroy Johnson appeals from the judgment on a jury verdict convicting him of removing topsoil from a tract of land mortgaged to the Secretary of Agriculture in violation of 18 U.S.C. § 658. Section 658 provides:

Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or to that of another, any property mortgaged or pledged to, or held by ... the Secretary of Agriculture...

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