Pedro Amado Torres v. United States

Appellant was indicted on a two count indictment charging him with theft of a movie camera and accessories moving in interstate commerce, and with possession of the same property knowing it to have been stolen from interstate commerce. Both counts were based on 18 U.S.C. § 659 .

After trial on both counts, the jury found Torres not guilty of the theft, but guilty of possession. Appellant filed a motion for judgment of acquittal, and, alternately, a motion for a new trial. Each was denied. Timely appeal was taken from the judgment and commitment which sentenced him to eighteen months in prison. An order allowing appellant to proceed in forma pauperis was entered subsequently by the lower court. This Court has jurisdiction. 28 U.S.C. § 1291 and Fed.R.Crim.P. 37(a), 18 U.S.C.

Appellant raises four points on this appeal: (1) That he was denied effective assistance of counsel in violation of the sixth amendment because of the short period of time given his court-appointed counsel to prepare the case for trial; (2) that the acquittal on the theft charge operated as an acquittal of defendant on the charge of knowing possession of the same property; (3) that appellee United States…