O'NEILL v. United States, 12801.
| Decision Date | 20 August 1956 |
| Docket Number | No. 12801.,12801. |
| Citation | 236 F.2d 636 |
| Parties | Otis W. O'NEILL, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
John J. Kane, Jr., Cleveland, Ohio, for appellant.
Loren Van Brocklin, Asst. U. S. Atty., Cleveland, Ohio (Sumner Canary, Cleveland, Ohio, on the brief), for appellee.
Before ALLEN and MILLER, Circuit Judges, and STARR, District Judge.
Appellant O'Neill was arraigned in the district court January 14, 1955, under an information charging him in six counts as follows:
Count 1: "On or about December 1, 1954, * * * Otis W. O'Neill, while officially employed as a regular clerk in the United States Post Office at Warren, Ohio, did steal, remove, abstract, and embezzle 138 first-class letters addressed to the Trumbull County Tuberculosis and Health Association * * * in violation of Title 18, Section 1709, United States Code."1
Count 2: "On or about and during the period November 23, 1954, and December 1, 1954, * * * Otis W. O'Neill, while officially employed as a regular clerk in the United States Post Office at Warren, Ohio, did steal, remove, abstract, and embezzle 689 first-class letters addressed to the Trumbull County Tuberculosis and Health Association * * * (and) did open said letters and did remove, abstract and embezzle their contents, all in violation of Title 18, Section 1709, United States Code."
Count 3: "On or about November 23, 1954, * * * Otis W. O'Neill * * * did steal a letter addressed to the Trumbull County Tuberculosis and Health Association * * * bearing the return address of Wilson D. Reesman, * * * and did embezzle the contents of said letter * * * in violation of Title 18, Section 1709, United States Code."
Count 4: "On or about November 30, 1954, * * * Otis W. O'Neill * * * did steal a letter addressed to the Trumbull County Tuberculosis and Health Association * * * bearing the return address of Sam Vittorio, * * * and did embezzle the contents of said letter * * * in violation of Title 18, Section 1709, United States Code."
Count 5: "On or about November 23, 1954, * * * Otis W. O'Neill * * * did steal a letter addressed to the Trumbull County Tuberculosis and Health Association * * * bearing the return address of J. W. Quinn, * * * and did embezzle the contents of said letter * * * in violation of Title 18, Section 1709, United States Code."
Count 6: "On or about November 23, 1954, * * * Otis W. O'Neill * * * did steal a letter addressed to the Trumbull County Tuberculosis and Health Association * * * bearing the return address of Thomas C. Ryan, * * * and did embezzle the contents of said letter * * * in violation of Title 18, Section 1709, United States Code."
Appellant pleaded guilty of the offense charged in each of the six counts of the information and was sentenced to a prison term of two years under count 1, and to a term of one year under each of the remaining five counts, said sentences, aggregating seven years, to run consecutively.
On November 21, 1955, while confined in the Federal Penitentiary at Atlanta, Georgia, appellant filed a motion in pursuance of 28 U.S.C. § 22552 to vacate, set aside, and expunge from the record the sentences imposed for the offenses charged in counts 1, 3, 4, 5, and 6 of the information, on the ground that the offense charged in count 2 was a continuing offense and included all of the incidents and offenses charged in the other five counts. The district court denied this motion, and he appeals.
Count 2 of the information contained a blanket charge that during the period of nine days, November 23, through December 1, 1954, defendant...
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Smith v. United States
...the facts in this case. He cites Milanovich v. United States, 365 U.S. 551, 81 S.Ct. 728, 5 L.Ed.2d 773 (1961) and O'Neill v. United States, 236 F.2d 636 (6th Cir. 1956). In Milanovich a husband and wife had been convicted of stealing currency from a commissary store at a naval base. The wi......
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Thomas v. United States
...letters,2 with no indication the theft took place at more than one time and place, and holds there was but one offense. O'Neill v. United States, 6 Cir., 236 F. 2d 636, involves the theft, charged in six Counts, of various letters from the United States mail,3 but Count II, involving 689 le......