United States v. Albert Padilla

Albert Padilla was convicted by a jury of possessing goods which had been stolen from a foreign shipment, in violation of 18 U.S.C. § 659 . He appeals.

In December, 1969, two transport vessels of the Pacific Far East Lines, the S. S. Golden Bear and the S. S. Korea Bear, docked in Stockton, California. Both carried shipments destined for various J. C. Penney stores around the country. Quantities of clothing were stolen from both shipments some time before the goods arrived at Penney’s store in Stockton to be inspected by the company’s employees.

On January 30, 1970, some of the stolen merchandise was found by Stockton police in a car belonging to James Stephens during a search incident to his arrest for drunk driving.

At the trial, James Stephens testified that he purchased the Penney’s clothing from Padilla. The latter does not dispute that the goods were stolen from the shipments which came in on the Golden Bear and the Korea Bear. This appeal focuses on the issue: Was the evidence sufficient to establish that the goods were stolen while moving in foreign commerce, as stated in the indictment? We rule in the affirmative.

The evidence at trial established that almost all…