United States v. John Ligon, United States of America v. Carroll Mizell, AKA Cal Smith

Defendants John Ligón and Carroll Mi-zell appeal their felony convictions under 18 U.S.C. § 641 for theft of government property. They contend, inter alia, that the government did not prove that the property had a “value” within the meaning of § 641. We agree and reverse the convictions.

I. Factual Background

The United States Forest Service (“USFS”) posted a reward for information concerning the theft of several Native American petroglyphs that had been removed from an unmarked site on the side of a mountain in northwest Reno. Acting on a tip received under a “secret witness” program, Reno police found two of the petroglyphs prominently displayed in the front yard of Ligon’s home, and a third in the back of his Suburban vehicle parked at his home.

USFS special agents then interviewed Ligón and Mizell. Ligón explained that he drove out to the mountainside and used a winch and a roller device to pull the three “rocks” out. He admitted that he never sought permission or advice before taking the rocks, and that he excavated them after dark. He claimed that he took the rocks in order to protect them from being “bowled over” by an encroaching construction development, and to display…