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Name: U.S. v. Johnson
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/13/2000
Subsequent History: None

The court reversed the determination of the district court that the state had failed to prove receipt of stolen government property. (18 U.S.C sec. 641.) The sole issue was whether a check for $3,000 drawn by the defendant on an account set up by the person who stole the money had obtained government money from that account. The prosecution’s expert testified that over $219,000 of stolen money from the Department of Agriculture had been deposited into that account and that all of the money in that account was money stolen from the government. The defense expert testified that $5000 of the money in the account came from an unknown source. The court held that it was presumed that the jury resolved conflicting evidence in favor of the prosecution. A rational jury could conclude that all of the money in the account was, in fact, government money — the district court should not have overturned the verdict.