Seefeldt v. United States, 4057.
| Decision Date | 29 June 1950 |
| Docket Number | No. 4057.,4057. |
| Citation | 183 F.2d 713 |
| Parties | SEEFELDT v. UNITED STATES. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Richard M. Krannawitter and Albert R. Kool, Albuquerque, N. M., for appellant.
Everett M. Grantham, U. S. Atty., Albuquerque, N. M., for appellee.
Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.
Appellant, hereinafter referred to as defendant, was tried and convicted upon an indictment charging that "on or about February 1, 1949, at Albuquerque, in the State and District of New Mexico, the defendant * * * received and concealed a motor vehicle, to-wit: a 1949 Ford Sedan, * * * moving as a part of interstate commerce, and the said defendant then knew the motor vehicle to have been stolen" in violation of Title 18 U.S.C.A. § 2313. The case was tried to the court without a jury and this appeal is from the judgment and sentence entered upon the conviction. To constitute a violation of the foregoing statute, the burden was upon the government to prove that at the time the defendant received the automobile he knew it was stolen, and in addition that it was moving as, or was a part of interstate commerce. Defendant contends that there was insufficient evidence to show the existence of these two essential elements.
The evidence establishes that the automobile in question was stolen from its owner in Denver, Colorado, on December 27, 1948. On that date the defendant mailed a letter to Howard L. Downing at Santa Fe, New Mexico, inquiring if he could obtain New Mexico titles for four used automobiles, none of which was the automobile described in the indictment. These titles were to be obtained without the customary title papers. Downing, at the time, was a truck driver and a former employee of the motor vehicle department of the State of New Mexico which issues titles to motor vehicles. Some time early in February of 1949, the defendant went to Santa Fe to see Downing about the titles and told him that he could get him a 1949 Ford for $1000.00 or $1100.00, and wanted to know if a title for the car could be obtained. At the time, defendant was driving the automobile described in the indictment. A short time later defendant called by telephone and being unable to get in touch with Downing at Santa Fe left word at his office that he had an automobile for him in Albuquerque and to call defendant upon his return, which was done early in March. The defendant wanted to know if Downing was making any progress in obtaining the titles to the automobiles previously mentioned and stated that he desired to talk to Downing in Santa Fe. Upon arrival defendant told Downing that he would be able to obtain ten automobiles from the Ford assembly line in Kansas City; that someone in connection with the Ford plant was helping and that the cars were being slipped through the assembly line without being accounted for and if title could be obtained Downing could make some money. Downing, believing the automobiles were stolen, had previously reported the matter to the Federal Bureau of Investigation which instructed him to get the motor number of the car defendant was driving. With the consent of the defendant, Downing removed the number plate from underneath the hood of the car and delivered it to the Federal agents. On March 28, 1949, special agents of the bureau observed the automobile at the defendant's home in Albuquerque. It disappeared three days later. An attempt was made to locate it without avail. On April 5th the defendant reported to his attorney that he was being followed and was advised to get in touch with federal officers which he did through a member of a detective agency who advised the officers that the defendant was concerned because he felt he was being observed and thought it might be in connection with a stolen car. Defendant then reported to the federal agents, admitted that he had the automobile in question and related a long and rambling story as to how and when he came into possession of it. He said that he had met the owners by accident and had made arrangements in a night club to take the car and sell the same on a commission basis; that he did not know who these people were or where they lived; that they gave him no evidence of...
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