United States v. Roger Dean Underhill

Fifth Circuit

United States v. Roger Dean Underhill

483 F.2d 36

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 24, 1973

Docket72-3583

StatusPublished

Cited by2 cases

This text of 483 F.2d 36 (United States v. Roger Dean Underhill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Roger Dean Underhill, 483 F.2d 36 (5th Cir. 1973).

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Opinion

PER CURIAM:

Defendant was convicted by a jury on a charge of receiving, concealing, and storing stolen property, the property having been transported in interstate commerce in violation of 18 U.S.C. § 2315. The property consisted of eleven antique firearms, stolen in Texas, and possessed by defendant in Georgia. We affirm.

The evidence was sufficient to support the jury verdict under the standard of Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1940), which requires us to view the evidence in the light most favorable to the Government.

The court’s charge as to the inference of knowledge that might be drawn from the unexplained possession of recently stolen property was proper. United States v. Gordon, 421 F.2d 1068 (5th Cir. 1970); Hale v. United States, 410 F.2d 147 (5th Cir. 1969); Thur *37 mond v. United States, 377 F.2d 448 (5th Cir. 1967). Although the defendant argues that this is a judicially-created “inference without legislative investigation and determination of its factual basis,” relying on the reasoning in Commonwealth v. Owens, 441 Pa. 318, 271 A.2d 230 (1970), and United States v. Rispo, 338 F.Supp. 662 (E.D.Pa.1972), cf. United States v. Taylor, 334 F.Supp. 1050 (E.D.Pa.1971), the Supreme Court has recently sustained such a charge against constitutional attack. Barnes v. United States, — U.S. -, 93 S.Ct. 2357, 37 L.Ed.2d 380 [1973]. Thus, United States v. Cameron, 460 F.2d 1394 (5th Cir. 1972), has been devitalized as a contrary precedent.

In any event, the defendant continued to possess the guns for a month after he was advised by a gun dealer that they were stolen, which would furnish a sufficient evidentiary base for the jury’s verdict.

A review of the record reveals that any error that may have occurred in the district attorney’s final argument was cured by proper instructions of the trial court.

Affirmed.

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PER CURIAM:

Defendant was convicted by a jury on a charge of receiving, concealing, and storing stolen property, the property having been transported in interstate commerce in violation of 18 U.S.C. § 2315. The property consisted of eleven antique firearms, stolen in Texas, and possessed by defendant in Georgia. We affirm.

The evidence was sufficient to support the jury verdict under the standard of Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1940), which requires us to view the evidence in the light most favorable to the Government.

The court’s charge as to the inference of knowledge that might be drawn from the unexplained possession of recently stolen property was proper. United States v. Gordon, 421 F.2d 1068 (5th Cir. 1970); Hale v. United States, 410 F.2d 147 (5th Cir. 1969); Thur *37 mond v. United States, 377 F.2d 448 (5th Cir. 1967). Although the defendant argues that this is a judicially-created “inference without legislative investigation and determination of its factual basis,” relying on the reasoning in Commonwealth v. Owens, 441 Pa. 318, 271 A.2d 230 (1970), and United States v. Rispo, 338 F.Supp. 662 (E.D.Pa.1972), cf. United States v. Taylor, 334 F.Supp. 1050 (E.D.Pa.1971), the Supreme Court has recently sustained such a charge against constitutional attack. Barnes v. United States, — U.S. -, 93 S.Ct. 2357, 37 L.Ed.2d 380 [1973]. Thus, United States v. Cameron, 460 F.2d 1394 (5th Cir. 1972), has been devitalized as a contrary precedent.

In any event, the defendant continued to possess the guns for a month after he was advised by a gun dealer that they were stolen, which would furnish a sufficient evidentiary base for the jury’s verdict.

A review of the record reveals that any error that may have occurred in the district attorney’s final argument was cured by proper instructions of the trial court.

Affirmed.

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