U.S. v. Gilbert, 75-4379
| Decision Date | 16 August 1976 |
| Docket Number | No. 75-4379,75-4379 |
| Citation | 537 F.2d 118 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Alvin Olanda GILBERT, Defendant-Appellant. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Maxwell C. Wright, Houston, Tex., for defendant-appellant.
Edward B. McDonough, Jr., U. S. Atty., James R. Gough, George A. Kelt, Jr., Jack O'Donnell, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Texas.
Before AINSWORTH, CLARK and RONEY, Circuit Judges.
After a jury trial, appellant Alvin Olanda Gilbert was convicted on two counts of theft from an interstate freight shipment and two counts of possession of the respective goods stolen, all in violation of 18 U.S.C. § 659. Count I charged the theft, and Count II charged possession, of two galvanized steel coils which were in shipment from Ohio to Tyler, Texas. Counts III and IV similarly charged the theft and possession, respectively, of four steel coils then in shipment from Michigan to Houston, Texas. Gilbert received concurrent seven-year sentences on Counts I and II which were to be served consecutively with two concurrent seven-year sentences imposed on Counts III and IV.
Gilbert's primary contention on appeal is that evidence introduced at trial was insufficient to prove either that he stole the steel coils or that he possessed these items knowing them to be stolen. Inasmuch as the sentences imposed for possession are equal to and run concurrently with those imposed for theft, we need consider the sufficiency of only the evidence supporting Gilbert's convictions for possession under Counts II and IV. United States v. Parker, 5 Cir., 1972, 454 F.2d 1164.
At trial, it was established that Gilbert was in possession of the six steel coils within three days of the theft and that, subsequently, he had moved them from one location to another. One witness testified that Gilbert asked him not to say anything to the FBI concerning the coils. An FBI agent testified that Gilbert, after being informed of his rights, denied any involvement in the theft and any knowledge that the coils were stolen. The agent testified further, however, that Gilbert subsequently contacted him, and, after again being informed of his rights, admitted to having lied in the first conversation. According to the agent, appellant stated that a man named George offered him $300 to pick up and store a load of coils, that he never...
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Ward v. U.S.
...shipment that is the object of a prohibited act under Sec. 659 constitutes one allowable unit of prosecution. See United States v. Gilbert, 537 F.2d 118, 119 (5th Cir.1976), remanded for reconsideration on other grounds, 430 U.S. 902, 97 S.Ct. 1169, 51 L.Ed.2d 578 (1977), aff'd on remand, 5......
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U.S. v. McCrary
...III and IV. The two sets of concurrent sentences were to run consecutively. Following affirmance by this Court in United States v. Gilbert, 537 F.2d 118 (5th Cir. 1976), the United States Supreme Court granted certiorari and remanded the case for reconsideration based upon the Supreme Court......
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U.S. v. Bullock, 79-2008
...Counts III and IV, the two sets of concurrent sentences to run consecutively. This court affirmed the convictions in United States v. Gilbert, 537 F.2d 118 (5th Cir. 1976). The Supreme Court granted certiorari and remanded the case for consideration of two cases, Solimine v. United States, ......