United States v. Ramon J. Rojo

Ramon J. Rojo appeals from an order of the district court affirming a judgment of conviction entered by Magistrate Philip M. Pro after finding appellant guilty of violating 18 U.S.C. § 641 .

FACTS

On February 27, 1982, a citation was issued to appellant charging him with switching the price tag on a key case at the Main Post Exchange of Nellis Air Force Base in violation of 18 U.S.C. § 641 (1976). Thereafter, on March 9,1982, appellant entered a plea of not guilty to the citation and on May 21, 1982, the case came up for trial before Magistrate Philip M. Pro. The magistrate denied both appellant’s pretrial motion to dismiss based on the inadequacy of the citation and his motion at trial to dismiss the citation for failure to state a crime.

After a bench trial, the magistrate found appellant guilty of the section 641 charge and sentenced him to a six month period of unsupervised probation. Moreover, the special condition was imposed that appellant’s Air Force privileges were not to be reinstated during the probation period.

Rojo appealed the magistrate’s decision to the United States District Court for the District of Nevada. The district court affirmed the judgment of…