United States v. Arik Ben Bachsian, A/K/A Eric Bustamante

Good Law
4 F.3d 796·93 Daily Journal DAR 11548·1993 WL 336572·39 Fed. R. Serv. 1091·1993 U.S. App. LEXIS 22631
United States Court of Appeals for the Ninth CircuitSeptember 8, 199392-50499California2,264 words

Opinion

Opinion

Wiggins, J.

OVERVIEW

A jury convicted Arik Ben Bachsian of one count of possession, of stolen goods from interstate commerce, in violation of 18 U.S.C. § 659 . Bachsian was sentenced to a term of twelve months and ordered to pay restitution in the amount of $23,243.53. Bachsian appeals his conviction on the grounds that the district court erred in admitting certain documents under Federal Rule of Evidence 803(24). He also appeals the district court’s restitution order. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS

On January 23, 1992, a container of gloves imported by Action Leather Craft (Action) arrived at Dart International, Inc. (Dart), a Los Angeles trucking and warehousing company. Dart was supposed to store the container until it cleared Customs, at which time it was to be shipped via rail to Action.

At midnight, an unknown individual hitched a tractor to the trailer with the container of gloves, obtained an exit pass by using a fictitious driver’s license, and stole the shipment of gloves. Documents prepared in connection with the shipment of the gloves indicated that 730 cartons of gloves, valued at over $82,000, were in the…

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