638 F.2d 129 (1981)
Defendant, who was a truck driver, picked up 105 refrigerators in San Diego that he was to transport to Hartford, Connecticut. He stopped and offered to sell the refrigerators to an owner of an appliance store in Las Vegas. The storeowner informed the police. Defendant negotiated a sale with the storeowner and in the process broke the truck's seals, entered the rear of the truck, and opened two cartons to display the refrigerators. The negotiations were unsuccessful and upon leaving the store defendant was arrested. He was convicted by a jury of embezzlement or theft from an interstate shipment, in violation of 18 U.S.C.S. § 659. Defendant contended the evidence was insufficient to support his conviction.
- The court affirmed the district court's judgment of conviction.
- The court held that § 659 did not require physical removal of the goods, nor even asportation in the common law larceny sense.
- There was sufficient evidence to establish defendant exercised dominion and control over the refrigerators by leaving his assigned route to go to the store and negotiate a sale.
- His breaking of the seals and opening of the cartons was competent evidence of intent.
The judgment of conviction was confirmed. The court held that it was not necessary for defendant to remove the goods from the truck nor complete a sale of the goods to satisfy the elements of embezzlement or theft from an interstate shipment. There was sufficient evidence to find that defendant exercised dominion and control over the goods and intended to commit the crime.
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