United States v. Kenneth Eugene White, United States of America v. Jamie Dean Alexander

Jamie D. Alexander appeals his conviction by a judge without a jury for possession of twelve bottles of drugs without a prescription, in violation of 21 U.S.C. § 331 (q) (3) (B). Alexander and Kenneth E. White appeal their convictions by a jury of receipt and concealment of stolen goods which had been moved in interstate commerce, in violation of 18 U.S.C. § 2315 , and of conspiracy to commit the substantive crime. We affirm.

1. White and Alexander were arrested by the FBI in Portland, Oregon, in possession of about 17,860 false teeth worth between $25,000 and $26,000, which had been stolen from the Dental Specialty Company in Denver, Colorado. An accomplice testified for the Government that she had told White and Alexander the teeth were pilfered, but both men denied knowledge that the goods were in fact stolen. Their objection to the jury instruction that possession of property recently stolen, if not satisfactorily explained, is ordinarily a circumstance from which the jury may rationally infer that the person involved knew the property was stolen, is merit-less. United States v. Linder, 442 F.2d 419 (9th Cir. 1971); United States v. Redd, 438 F.2d 335 (9th Cir. 1971).

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