Jose Antonio Caban v. United States

*
The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-2915
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of South Dakota.
*
Howard Spoonhunter, * [UNPUBLISHED]
*
Appellant. *
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Submitted: February 11, 2002
Filed: February 20, 2002
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Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
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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

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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.

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