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UNITED STATES v. KENT

No. 71-1294 Summary Calendar.

449 F.2d 751 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Beverly R. KENT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 19, 1971.

Attorney(s) appearing for the Case

J. Edwin Fleming, Dallas, Tex., court-appointed, for defendant-appellant.

Eldon B. Mahon, U. S. Atty., Charles D. Cabaniss, Andrew Barr, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Kent was convicted on one count of theft of mail matter, 18 U.S.C.A. § 1709.1 The principal issue raised on appeal is whether a decoy letter and money pilfered from it was "intended to be conveyed by mail" as required by the statute. We affirm.

Kent was employed as a dead letter clerk in the United States Post Office at the time of the peculation. A decoy letter with only the name "George" on the envelope...

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