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United States v. Eberhardt

United States Court of Appeals, Eighth Circuit
Aug 26, 1981
657 F.2d 221 (8th Cir. 1981)

Opinion

No. 81-1430.

Submitted August 14, 1981.

Decided August 26, 1981.

John M. Lee, U.S. Atty., Sheryl Ramstad Hvass, Asst. U.S. Atty., D. Minn., Minneapolis, Minn., Dwight Pringle, Legal Intern, for appellee.

Scott F. Tilsen, Asst. Federal Defender, D. Minn., Minneapolis, Minn., for appellant.

Appeal from the United States District Court for the District of Minnesota.

Before HEANEY, HENLEY and McMILLIAN, Circuit Judges.


Defendant Donald H. Eberhardt was charged in a two-count indictment of disposing of over $50,000 of United States Treasury notes and bonds knowing that they were stolen in violation of 18 U.S.C. § 2315. Eberhardt was jury tried and convicted and sentenced to imprisonment for a term of thirty months on each count, the sentence on Count II to run concurrently with the sentence on Count I.

On appeal, Eberhardt claims the district court erred in (1) failing to acquit for lack of proof of involvement or movement of the notes and bonds in interstate commerce, and (2) denying the jury's request for written copies of the instructions. There was sufficient evidence from which the jury could find Eberhardt guilty of the offense charged. And this Circuit has consistently held whether or not the jury should be provided with written instructions is a determination better left to the discretion of the trial judge. Here, there was no abuse of discretion in the trial judge's denial of request for written instructions. The appeal is thus affirmed pursuant to Local Rule 14.

The Honorable Harry H. MacLaughlin, United States District Judge for the District of Minnesota.


Summaries of

United States v. Eberhardt

United States Court of Appeals, Eighth Circuit
Aug 26, 1981
657 F.2d 221 (8th Cir. 1981)
Case details for

United States v. Eberhardt

Case Details

Full title:UNITED STATES OF AMERICA, APPELLEE, v. DONALD H. EBERHARDT, APPELLANT

Court:United States Court of Appeals, Eighth Circuit

Date published: Aug 26, 1981

Citations

657 F.2d 221 (8th Cir. 1981)

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