United States v. Howard Spoonhunter , 29 F. App'x 421 ( 2002 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 01-2915
    ___________
    United States of America,               *
    *
    Appellee,            * Appeal from the United States
    * District Court for the District
    v.                                * of South Dakota.
    *
    Howard Spoonhunter,                     *     [UNPUBLISHED]
    *
    Appellant.           *
    ___________
    Submitted: February 11, 2002
    Filed: February 20, 2002
    ___________
    Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
    ___________
    PER CURIAM.
    Howard Spoonhunter, an Oglala Sioux Tribe Department of Public Safety
    officer, was convicted of conversion after he sold his department-issued gun, police
    radio, vest, flashlight, and police belt to a pawn shop. In an 18 U.S.C. § 1163
    conversion case like this, the defendant is convicted of a misdemeanor if the stolen
    items’ total value is less than $1000, or a felony if the total value is greater than
    $1000. Spoonhunter contends the district court* committed clear error when it found
    *
    The Honorable Karen E. Schreier, United States District Judge for the District
    of South Dakota.
    the items’ total value was $1250. See United States v. Hetherington, 
    256 F.3d 788
    ,
    796 (8th Cir.), cert. denied 
    122 S. Ct. 636
    (2001), (standard of review). Having
    reviewed the parties’ briefs, we conclude the trial court employed a reasonable
    method in determining the monetary value of the converted items in this unusual
    situation, see United States v. Stegora, 
    849 F.2d 291
    , 292 (8th Cir. 1988), and thus
    it did not commit clear error. We affirm the district court. See 8th Cir. R. 47(B).
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 01-2915

Citation Numbers: 29 F. App'x 421

Judges: McMillian, Fagg, Loken

Filed Date: 2/20/2002

Precedential Status: Non-Precedential

Modified Date: 11/5/2024