context: Admittedly whether the firearm at issue was "recently stolen" is a close call given the fifteen-month period between the theft of the firearm and its recovery. We note that courts have found lengthy lapses of time (ialbeit shorter than the one presented here) to be within the permissible time limitation of the presumption.
citation_a.signal: see
citation_a.identifier: 410 F.2d 147, 151
citation_a.parenthetical: six-month period from time of automobile theft to vehicle's recovery sufficient to infer guilty knowledge
citation_a.sentence: See e.g. Lee v. United States, 363 F.2d 469, 475 (8th Cir. 1966) (lapse of five months from time of burglary to apprehension with stolen securities sufficiently recent to justify inference of guilt); Hale v. United States, 410 F.2d 147, 151 (5th Cir. 1969) (six-month period from time of automobile theft to vehicle’s recovery sufficient to infer guilty knowledge); But see Gargotta v. United States, 77 F.2d 977, 982 (6th Cir. 1935) (possession of pistols 293 days after theft, “cannot in any sense be considered so recent a possession as to sustain a finding of guilty knowledge that the property was stolen.”).
citation_b.signal: but see
citation_b.identifier: 77 F.2d 977, 982
citation_b.parenthetical: possession of pistols 293 days after theft, "cannot in any sense be considered so recent a possession as to sustain a finding of guilty knowledge that the property was stolen."
citation_b.sentence: See e.g. Lee v. United States, 363 F.2d 469, 475 (8th Cir. 1966) (lapse of five months from time of burglary to apprehension with stolen securities sufficiently recent to justify inference of guilt); Hale v. United States, 410 F.2d 147, 151 (5th Cir. 1969) (six-month period from time of automobile theft to vehicle’s recovery sufficient to infer guilty knowledge); But see Gargotta v. United States, 77 F.2d 977, 982 (6th Cir. 1935) (possession of pistols 293 days after theft, “cannot in any sense be considered so recent a possession as to sustain a finding of guilty knowledge that the property was stolen.”).