UNITED STATES v. DAVIS

No. 75-1849.

532 F.2d 22 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest T. DAVIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 12, 1976.


Attorney(s) appearing for the Case

Jean Powers Kamp, Federal Defender Program, Chicago, Ill., for defendant-appellant.

Samuel K. Skinner, U.S. Atty., William Bryan Lytton, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before HASTINGS, Senior Circuit Judge, SPRECHER and TONE, Circuit Judges.


HASTINGS, Senior Circuit Judge.

Defendant Ernest T. Davis was charged in a one-count indictment with theft of mail, in violation of 18 U.S.C. § 1709,1 at a time when he was employed by the United States Postal Service. Following a trial by jury, he was convicted as charged. A sentence of 18 months was imposed. This appeal followed.

The parties do not dispute the following statement of facts. Davis had been employed by the...

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