Federal Circuits, D.C. Cir. (March 24, 1989)
Docket number: 88-3089
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U.S. Supreme Court - Hamling v. United States, 418 U.S. 87 (1974)
U.S. Supreme Court - Russell v. United States, 369 U.S. 749 (1962)
Before STARR, BUCKLEY and STEPHEN F. WILLIAMS, Circuit Judges.
JUDGMENTPer Curiam.This case was considered on the record on appeal from a judgment of conviction entered on a jury verdict by the United States District Court for the District of Columbia and on briefs filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See D.C.Cir.R. 13(i). For the reasons set forth in the accompanying memorandum, it isORDERED and ADJUDGED that the judgment of the district court be affirmed. It isFURTHER ORDERED, by the Court, sua sponte, that the Clerk shall withhold issuance of the mandate herein until five days after disposition of any timely petition for rehearing. See D.C.Cir.R. 15 (August 1, 1987). This instruction to the Clerk is without prejudice to the right of any party at any time to move for expedited issuance of the mandate for good cause shown.MEMORANDUMAppellant was charged in a one-count indictment, filed on January 5, 1988, with theft of mail matter by a postal employee in violation of 18 U.S.C. Sec . 1709 (1982). She was tried, by jury, before Judge Louis F. Oberdorfer. She appeals from her conviction on two grounds: first, that the indictment was insufficiently detailed; and second, that a judgment of acquittal was warranted by virtue of the absence of evidence "presented in this case by the government that Appellant was a postal employee or that the contents of the letter in question were ever stolen or copied in any way by Appellant." Brief for Appellant at 2b.Neither contention has merit. The indictment was sufficiently detailed in nature, alleging that:On or about December 10, 1987, within the District of Columbia, PATRICIA J. SMITH, being an employee of the United States Postal Service, did steal, abstract and remove the contents of a letter addressed to Diane Wilson, 101 Chestnut Street, Hartford, Connecticut 20015, which letter had been entrusted to her and which had come into her possession intended to be conveyed by mail.(In violation of Title 18, U.S. Code, Section 1709[.]Thus, the indictment identified the stolen letter by specifying the person to whom it was addressed and the address to which it was to be delivered. It further alleged that Ms. Smith had stolen, abstracted and removed the contents of that letter. This more than suffices to pass specificity muster under governing law. See Hamling v. United States, 418 U.S. 87, 117-18 (1974); Russell v. United States, 369 U.S. 749, 763-764 (1962); United States v. Conlon, 628 F.2d 150, 155 (D.C.Cir.1980), cert. denied,