United States v. Joseph F. Haranda

04-2214United States Court Of Appeals For The 6th Circuit9 gen 2006

Testo completo

*The Honorable Edmund A. Sargus, Jr., United States District Judge for the Southern District
of Ohio, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 06a0024n.06
Filed: January 9, 2006
No. 04-2214
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES,
Plaintiff-Appellee,
v.
JOSEPH F. HARANDA,
Defendant-Appellant.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN
O P I N I O N
BEFORE: RYAN, and COLE, Circuit Judges; SARGUS, District Judge.*
PER CURIAM. Joseph Haranda appeals the district court’s denial of his motion for
judgment of acquittal following a jury trial for theft of public money. Specifically, Haranda sought
a replacement Internal Revenue Service refund check from the United States Treasury Department
when his ex-girlfriend cashed the original. A jury found that Haranda, who had since received the
proceeds from the first check, unlawfully retained the proceeds from the second. Haranda argues
that, because the second check was made payable to him and not issued in error, it was not a “thing
of value of the United States.” See 18 U.S.C. § 641. Following a careful review of the record and
having considered the arguments of both parties, we conclude that District Judge David M.

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No. 04-2214
United States v. Haranda
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Lawson’s comprehensive opinion fully and correctly addressed the issues before this Court. We
therefore affirm the district court’s judgment on the basis of its opinion.

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