United States v. Thomas Edwin Faulkner

INTRODUCTION

Faulkner appeals his conviction of violation of 18 U.S.C. § 659 , which prohibits embezzlement or theft from an interstate shipment. He contends that the evidence was insufficient to establish his guilt, because he never physically removed goods from the truck, and never sold the goods. We affirm.

FACTS

Faulkner was a truck driver for North American Van Lines. He picked up 105 refrigerators in San Diego, which he was to transport to Hartford, Connecticut. Faulkner stopped in Las Vegas, Nevada. He called Richard Urbauer, the owner of an appliance store, and offered to sell the refrigerators. Urbauer informed the police.

Faulkner and Urbauer discussed the sale of the refrigerators. Faulkner left the store and returned with his truck. He broke the truck’s seals, entered the rear, and opened two cartons to show Urbauer the refrigerators. Urbauer examined the two refrigerators while Faulkner rearranged the boxes in the truck.

Faulkner and Urbauer went back to the store and tried to consummate a deal. They were unable to reach an agreement. Faulkner started to leave the store and was arrested.

Faulkner was convicted by a jury of embezzlement or theft from an…