United States v. James Robert Austin

Appellant appeals from a conviction in a non-jury trial on two counts of an indictment charging transportation of the same vehicle, knowing it to have been stolen, from California to Arizona and from Arizona to New Mexico, in violation of 18 U.S.C. § 2312 .

Appellant assigns nine grounds of error below. None have merit. We comment on several and affirm.

Appellant contends the evidence was insufficient to support the convictions. We consider the evidence in a light most favorable to the Government, as we must. The car in question had been rented to one Hilton James, who abandoned it in a parking facility at the San Francisco airport about July 5, 1969.

Appellant was licensed by the State of California as a collection agent and auto re-possessor. He had an agreement of some sort allowing him to pick up unclaimed or abandoned vehicles at the San Francisco airport parking facility.

Appellant obtained possession of the vehicle some time in the early part of July 1969. Appellant purchased gasoline for the car, with his credit card on July 7, 1969 in Burlingame, California. The car was next seen in a garage in San Francisco, on July 9, 1969, where appellant purchased gas for the car.…