United States v. Oscar Green

Appellant Oscar Green was charged with one count of theft of government property and retention of the same knowing that it was stolen, in violation of 18 U.S.C. § 641 , and one count of conspiracy to commit that offense, in violation of 18 U.S.C. § 371 . The jury acquitted Green on the substantive count and convicted him for the conspiracy.

The conspiracy charge was that Green agreed with others to steal copper cable from the Naval Supply Center at Oakland, California. The evidence was that he assisted in the last of three thefts. Disinterested witnesses saw him at a building called the Submarine Battery Storage Building, a place where cable was not usually stored or handled. He was seen operating a forklift to load the cable on a commercial truck, destined for óff-base delivery.

The evidence also showed that Green, by agreement with at least one other conspirator, lied about the incident to FBI agents, who first interviewed Green two days after he loaded the truck. Green told the agents his supervisor, Smith, asked him to load the truck for an extra thirteen dollars and that this was the first time he had handled the cable. Three weeks later, in the presence of his attorney,…