United States v. William Richard Minor

U.S. Court of Appeals for the Ninth Circuit
United States v. William Richard Minor, 791 F.2d 801 (9th Cir. 1986)
1986 U.S. App. LEXIS 26052; 1986 Copyright L. Dec. (CCH) 25,987

United States v. William Richard Minor

Opinion

ORDER

Appellee’s motions for extension of time are granted and its response to appellant’s motions for retention of mandate and reconsideration is filed, as is appellant’s supplemental brief. Appellant’s motions for retention of mandate and reconsideration are denied.

We reject the contention that Count I improperly charged two objects of the conspiracy: (1) conspiracy to commit copyright infringement; and (2) conspiracy to commit interstate transportation of stolen property. The indictment made clear that the property was alleged to be stolen on the basis that the copyrights were violated. Though this theory is now invalid in light of Dowling v. United States, — U.S. —, 105 S.Ct. 3127, 87 L.Ed.2d 152 (1985), appellant was apprised of the charge against him. The jury could find that the property was stolen only if ib found that the copyrights were violated. There is no danger that the jurors did not unanimously agree that appellant conspired to commit copyright infringement. We also reject the contention that there was improper joinder of the conspiracy count and the substantive copyright infringement counts. The conspiracy count and the substantive copyright counts arose from a common scheme and were based on the same or related acts and transactions.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. William Richard MINOR, Defendant-Appellant
Cited By
2 cases
Status
Published