United States v. Hay, No. 22-3276 (10th Cir. 2024)
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The United States Court of Appeals for the Tenth Circuit affirmed a lower court's ruling regarding a veteran, Bruce Hay, who was convicted of ten counts of stealing government property and six counts of wire fraud. The case centered around Hay's alleged exaggeration of his disability to gain benefits from the Department of Veterans Affairs (VA). The VA conducted a six-year investigation, even installing a pole camera that recorded Hay's daily activities outside his house for 68 days.
Hay appealed his conviction on three grounds: insufficient evidence supporting his conviction, violation of his Fourth Amendment rights by the VA's installation of the pole camera, and wrongful admission of evidence by the district judge. The court rejected all three arguments.
First, the court ruled that Hay's fraudulent acquisition of government property constituted "stealing" under 18 U.S.C. § 641 and that sufficient evidence was presented at trial to support his conviction for stealing government property and wire fraud.
Second, the court held that the use of the pole camera did not constitute a search under the Fourth Amendment as it only captured his activities in public view.
Lastly, the court rejected Hay's claim that evidence post-dating the charging period was improperly admitted, finding that the district court acted within its discretion.
In conclusion, the court affirmed the district court's denial of a judgment of acquittal and the admission of contested evidence.
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