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United States v. Granberry

United States Court of Appeals for the Eighth Circuit

June 11, 1990, Submitted ; July 6, 1990, Filed

No. 89-3055EM

Opinion

 [*279]  ARNOLD, Circuit Judge.

This is a mail-fraud case. The District Court 725 F. Supp. 446, dismissed the indictment for failure to allege an offense against the United States. It held that defendant, even assuming all of the well-pleaded facts in the indictment to be true, had not obtained any "money or property" within the meaning of 18 U.S.C. § 1341, as construed by the Supreme Court in McNally v. United States, 483 U.S. 350, 97 L. Ed. 2d 292, 107 S. Ct. 2875 (1987). [**2]  We reverse.

The government charges that the defendant obtained a Missouri school-bus-operator permit from the Missouri Department of Revenue by fraud. Granberry, if the indictment is to be believed, falsified his application for the permit by concealing the fact that he had been convicted of first-degree murder. He then applied to the Normandy School District for a job as a bus driver. He again concealed his murder conviction. If the conviction had been known, the State would not have issued him a license, nor would the School District have hired him.

The indictment alleges that by this conduct defendant obtained "money or property" in a number of different ways. Ten different types of money or property are alleged, as follows:

(A) Money and Property of the Normandy School District:

(1) Money from the Normandy School District in the form of wages paid,

(2) Property of the Normandy School District being the exclusive control of the distribution of a limited number of school bus driving jobs,

(3) Property of the Normandy School District being the exclusive control of how its money is spent,

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908 F.2d 278 *; 1990 U.S. App. LEXIS 11468 **

United States of America, Appellant, v. Darryl S. Granberry, Appellee

Subsequent History:  [**1]   Rehearing and Rehearing En Banc Denied December 11, 1990, Reported at: 1990 U.S. App. LEXIS 21880.

Prior History: On Appeal from the United States District Court for the Eastern District of Missouri. John F. Nangle, Judge.

CORE TERMS

indictment, exclusive control, school bus, deprivations

Contracts Law, Statute of Frauds, General Overview, Criminal Law & Procedure, Fraud Against the Government, Mail Fraud, Elements, Personal Property, Choses in Action