United States of America, and v. Thomas Lee Taylor, And

Ninth Circuit

United States of America, and v. Thomas Lee Taylor, And

480 F.2d 154

Court of Appeals for the Ninth Circuit·Decided July 24, 1973·No. 72-1854·Published·Cited by 2 cases

Opinion

OPINION

PER CURIAM:

The judgment of conviction in this stolen credit card case is reversed.

The defendant is obviously guilty of something, but the lapse of time (over two years after the card was mailed) is just too great a lapse of time, without more, to convict him of having stolen it from the mails or of possessing it knowing it to be stolen. Of course, we do not intend to impair any of our cases on the inferences that can be drawn from the possession of recently stolen property.

This is a case that belonged on the state side of the street. Unless the government now has something more in the way of evidence to offer, the indictment should be dismissed.

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OPINION

PER CURIAM:

The judgment of conviction in this stolen credit card case is reversed.

The defendant is obviously guilty of something, but the lapse of time (over two years after the card was mailed) is just too great a lapse of time, without more, to convict him of having stolen it from the mails or of possessing it knowing it to be stolen. Of course, we do not intend to impair any of our cases on the inferences that can be drawn from the possession of recently stolen property.

This is a case that belonged on the state side of the street. Unless the government now has something more in the way of evidence to offer, the indictment should be dismissed.

United States of America, and v. Thomas Lee Taylor, And, 480 F.2d 154 (9th Cir. 1973).

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Opinion

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