United States v. Charles Patrick O'Neil

Appellant Charles Patrick O’Neil was convicted under a two count indictment charging that he aided and abetted the robbery of money and property of the United States from a federal Customs employee by use of a dangerous weapon in violation of 18 U.S.C. § 2114 , and that he received and retained part of the proceeds of the robbery in violation of 18 U.S.C. § 641 . He was sentenced to twenty-five years for the theft and three years for the receipt of the stolen property, the sentences to run concurrently.

Appellant contends that he is entitled to a new trial because the court failed to instruct the jury that he could not be convicted of both robbery and receipt and retention of the proceeds of the robbery.

Section 641 is the general penal prohibition against theft of government property. It includes an express provision for punishment of receipt of the stolen government property. In Milan-ovich v. United States, 865 U.S. 551 , 554, 81 S.Ct. 728, 729 , 5 L.Ed.2d 773 (1961), the Supreme Court held that a person could not be convicted of both theft and receipt of the same government property under section 641 because in adding the prohibition against receipt to the earlier…