United States v. Ernest Bobby Bigelow

Ernest Bobby Bigelow appeals his conviction for illegal sale of government property in violation of 18 U.S.C. § 641 . He contends that the evidence was insufficient either to sustain the guilty verdict or the jury’s finding that the property’s value exceeded $100, the minimum amount necessary for a felony conviction. Bigelow was sentenced to five years imprisonment.

After learning that the appellant possessed the stolen credential of an Internal Revenue Service agent, IRS Internal Security dispatched undercover agent Douglas Creer to attempt a purchase of the stolen credential from the appellant. An informant arranged a meeting between Agent Creer and the appellant at a Denny’s restaurant. There, Creer offered appellant $200 for the credential which appellant refused. Creer then offered $250 which the appellant took and placed in his pocket as Creer picked up the credential and placed it in his jacket pocket.

Appellant first contends that the evidence was insufficient to support the jury’s finding that he sold government property. A conviction will not be reversed if “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have…