United States v. John Michael Deggs

This appeal is taken by John Michael Deggs who was indicted and convicted under 18 U.S.C. § 1707 of theft or appropria tion of certain property used by the U.S. Postal Service. Appellant contends that he should have been charged under 18 U.S.C. § 641 for stealing property owned by the United States or any department or agency thereof.

Where the same conduct may violate two statutes, the Government may elect to prosecute under either one, absent a manifest legislative intent to the contrary.

The Government, in its proper discretion, indicted and convicted the defendant of violating 18 U.S.C. § 1707 ; this the Government had the right to do under the facts here presented.

We affirm.

FACTS

On or about December 21, 1978, defendant Deggs and two associates were found at the scene of a recently stolen U.S. Postal Inspection Service Van. The van was owned by the Postal Service and was being used by it at that time in the conduct of a criminal surveillance.

The van was driven to a location about one mile from the point of its taking and parked on a residential street. The evidence showed that the defendant Deggs and the other defendants stole the van or appropriated it to their own…