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United States v. Larry Eugene Crum A/K/A Bud Crum

Citation: 663 F.2d 771Docket: 81-1577

Court: Court of Appeals for the Eighth Circuit; November 20, 1981; Federal Appellate Court

Narrative Opinion Summary

The case involves the appellant convicted of theft under 18 U.S.C. § 659 for stealing fuel oil from an interstate pipeline. The legal issue centered on whether the stolen fuel oil was still in interstate commerce. The appellant contended that the oil was no longer part of interstate commerce at the time of theft. However, the court determined that goods maintain their interstate character until they reach their final destination, regardless of temporary storage. The evidence showed that the fuel oil was transported via an interstate pipeline to Omaha, Nebraska, temporarily stored, and intended for delivery to Council Bluffs, Iowa. The appellant unlawfully sold the oil at a truck stop, retaining the proceeds for himself. The court found that practical considerations supported the jury's conclusion that the oil remained in interstate commerce, given its intended delivery beyond the storage point. The appellate court affirmed the conviction, sentencing the appellant to twenty months imprisonment and four years of probation, underscoring the concept that interstate commerce need not be uninterrupted if there is a clear intent for continued movement after a temporary pause.

Legal Issues Addressed

Evidence of Interstate Character of Goods

Application: The jury was justified in concluding that the oil was still part of an interstate shipment based on the evidence of its intended delivery to another state after temporary storage.

Reasoning: The jury could reasonably conclude that the oil was still part of an interstate shipment, as it was intended to be delivered to Iowa and had merely been temporarily stored in Omaha.

Interstate Commerce under 18 U.S.C. § 659

Application: The court held that goods retain their interstate character until delivered to their final destination, even if temporarily stored, as long as there is intent to continue their transport.

Reasoning: The court clarified that under § 659, goods retain their interstate character until delivered at their final destination.

Practical Considerations in Determining Interstate Commerce

Application: The court emphasized that the determination of whether goods are in interstate commerce relies on practical considerations rather than an uninterrupted flow.

Reasoning: The court upheld that determining whether goods are in interstate commerce relies on practical considerations.