United States v. Bong Shew Cheung
Opinion
Opinion
Before MERRILL and ELY, Circuit Judges, and REAL, District Judge.
Cheung was charged in four counts of a five count indictment with having committed four offenses. One of the counts involving Cheung, Count Five, was dismissed during the trial pursuant to stipulation. Convicted of the remaining three charges, Cheung appeals.
Count One of the indictment, specifying 18 U.S.C. § 371 , charged Cheung with having conspired with others to transport in interstate commerce jewelry and other property having a value in excess of $5,000, knowing the jewelry and other property to have been stolen.
Count Three, specifying “18 U.S.C. §§ 2314, 2,” charged that one Cerf indi vidually committed the offense described in Count One and charged that Cheung “did knowingly and willfully aid, abet, counsel, command, induce, procure, and cause the commission of the aforesaid offense.”
Count Four, specifying “18 U.S.C. §§ 2314, 2,” charged Cerf with having committed another unlawful interstate transportation of goods known to be stolen and alleged that Cheung aided, abetted, etc., this offense in the same language as heretofore quoted in the charge made against Cheung in Count Three.