Thomas Henry Hunsaker v. United States

This appeal is from a judgment of the United States District Court for the District of Oregon imposing upon appellant a prison sentence of 18 months, entered after trial upon a verdict of guilty rendered by the jury.

On February 4, 1959, the grand jury returned an indictment against Thomas Henry Hunsaker and Glen Earl Adkisson, since deceased, charging a criminal conspiracy, in violation of 18 U.S.C. § 371 , to commit offenses against the United States, that is to say, to violate 31 U.S. C.A. §§ 440-443 and the regulations, commonly known as the “Gold Regulations”, issued and promulgated thereunder. The indictment also charged a criminal conspiracy “to defraud the United States in the exercise of its governmental functions * * * in that defendants, without a license duly issued, did acquire, hold, transport and offer to sell and dispose of, at any one time, fine gold in quantities in excess of that permitted by said regulations.” The indictment charged the performance of three “overt acts” in pursuance of said conspiracy.

18 U.S.C. § 371 , under which defendants were indicted, provides as follows:

It will be noted that two separate types of conspiracy are denounced, a…