United States v. White, 71-1346.
Decision Date | 29 November 1971 |
Docket Number | No. 71-1346.,71-1346. |
Citation | 451 F.2d 559 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Kermit Lowell WHITE, Defendant-Appellant. |
Court | U.S. Court of Appeals — Sixth Circuit |
William E. Badgett, Knoxville, Tenn., court appointed, for defendant-appellant.
W. Thomas Dillard, Asst. U. S. Atty., Knoxville, Tenn., for plaintiff-appellee; John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., on brief.
Before PHILLIPS, Chief Judge, EDWARDS and PECK, Circuit Judges.
Appellant was tried and convicted before a jury for transporting stolen goods moving in interstate commerce valued at more than $5,000, in violation of 18 U.S.C. § 2314 (1970). He was arrested near Knoxville, Tennessee, on June 3, 1969, while hauling a trailer loaded with 40,000 pounds of stolen butter. The trailer, with its load of butter, had been stolen in Melvindale, Michigan, on May 29, 1969. There was ample evidence from which the jury could have believed that appellant had knowledge of the fact that the trailer was stolen.
Appellant asserts, however, that the statute requires not only proof that he knew that he was hauling stolen goods, but also that he knew that the goods had moved or were moving in interstate commerce.
The statute in question says in applicable part:
Obviously, the bare language of the statute does not require proof of scienter as to interstate transportation as an element of the crime. Nor have the courts found any reason for such an interpretation.
Dealing with a preceding statute to the same effect, Judge Augustus Hand said:
United States v. Tannuzzo, 174 F.2d 177 (2d Cir. 1949).
In the Sixth Circuit case relied on by Judge Hand, this court said:
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