United States v. Lloyd Clint Seaman Elwood Wayne Hage

Elwood Wayne Hage and Lloyd Clint Seaman were charged and convicted, after a jury trial, of doing more than $100 in damage to government property, in violation of 18 U.S:C. § 1361, and disposing of government property valued in excess of $100 without authority in violation of 18 U.S.C. § 641 .

The defendants-appellants raise a number of issues on appeal, but the dispositive questions are whether the government proved, first, that the value of the property appellants disposed of exceeded $100 and, second, whether the damage to government property exceeded $100. Because we hold that the evidence was insufficient as to each count for each defendant, we reverse the convictions. We need not address the other issues raised.

The conduct of the defendants leading to their convictions was the cutting and taking away of trees from government property without authorization. The government charged that the value of the government’s trees carried away exceeded $100 and the damage done to the government’s property exceeded $100.

To obtain a conviction under § 641, the government must prove the following four elements: (1) the defendant embezzled, stole, purloined, or knowingly converted to…