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United States of America v. Robert J. Venti

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Before Howard, Selya and Thompson, Circuit Judges.

After a two-day jury trial, defendant Robert J. Venti was convicted on all counts of a nine-count indictment for theft of government property in violation of 18 U.S.C. _ 641 and sentenced to be incarcerated for 15 months on each of the counts, with the sentences to run concurrently. On appeal, Venti argues that one count of the indictment should be dismissed as time-barred. The status of the challenged count is of some significance; without it, the incarcerative term to which Venti could be sentenced is limited to one year, and he would be treated as a misdemeanant rather than as a felon. 18 U.S.C. __ 641 and 3559(a)(6). After due consideration, we reject the argument in favor of dismissal and affirm the conviction.

I.

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