UNITED STATES v. MARSHALL

No. 71-3527. Summary Calendar.

463 F.2d 1211 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Franklin MARSHALL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 1972.


Attorney(s) appearing for the Case

Jack V. Eskenazi, Federal Public Defender, Miami, Fla. (Court Appointed), for defendant-appellant.

Robert W. Rust, U.S. Atty., Charles O. Farrar, Jr., J. Daniel Ennis, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.


PER CURIAM:

Appellant Marshall was convicted of two counts of theft from the mails, in violation of Title 18, United States Code, Section 1709. The evidence established that appellant, a Postal employee, removed two "test letters" from the mails while under the surveillance of Postal inspectors; and that immediately afterward he was apprehended and searched and the search revealed currency taken from the letters.

Appellant argues (1) that the district court...

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