U.S. v. JOHNSON

No. 89-6345.

911 F.2d 403 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Wayne JOHNSON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 14, 1990.


Attorney(s) appearing for the Case

Submitted on the Briefs:1

Timothy D. Leonard, U.S. Atty., and Frank Michael Ringer, Asst. U.S. Atty., Oklahoma City, Okl., on the briefs, for plaintiff-appellee.

William P. Earley, Asst. Federal Public Defender, Oklahoma City, Okl., on the briefs, for defendant-appellant.

Before ANDERSON and BRORBY, Circuit Judges, and PARKER, District Judge.


BRORBY, Circuit Judge.

Mr. Johnson appeals his conviction on two counts of committing theft from an interstate shipment in violation of 18 U.S.C. § 659, and he further appeals the sentences.

I.

Mr. Johnson first asserts that "the evidence adduced by the defense, coupled with a lack of direct evidence on the issue of the identity of the person who actually took the items, render[s] his convictions suspect and warrant[s] reversal." We read this...

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