United States v. Leon L. Miller

Leon Miller was convicted by a jury of one count of violating 18 U.S.C. § 641 , theft of government property, and two counts of violating 18 U.S.C. § 1001 , making false statements on a matter within the jurisdiction of an agency of the United States. He was sentenced concurrently on the three counts. Miller’s principal argument on appeal is that the funds which he was convicted of embezzling were not property of the United States. He also challenges two instructions given to the jury and the introduction into evidence by the prosecutor of a prior similar act. We find no error, and affirm the conviction.

I. Statement of Facts

From June 1972 until some time after the trial, the appellant was the Executive Director of the Los Angeles County Comprehensive Health Planning Council (COMP — LA), a private, non-profit organization established under the laws of California and charged with implementing and overseeing a comprehensive, area-wide health and planning project in the Los Angeles area. During that period, COMP — LA received funds from a variety of sources, of which the federal government, which provided approximately 70%, was by far the largest donor. Grant funds…