No. 76-1836.

552 F.2d 263 (1977)

UNITED STATES of America, Appellee, v. Samuel George LINDSAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 5, 1977.

Attorney(s) appearing for the Case

Donald H. Nichols, Minneapolis, Minn., for appellant.

John M. Lee, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Robert G. Renner, U. S. Atty., Minneapolis, Minn., on brief.

Before HEANEY and STEPHENSON, Circuit Judges, and STUART, District Judge.

HEANEY, Circuit Judge.

The appellant, Samuel George Lindsay, was convicted of two counts; one count of theft of the mail and one count of possession of stolen mail, both in violation of 18 U.S.C. § 1708. He was sentenced for a period of two years on each count to be served concurrently. A brief statement of facts is necessary as background to the issues raised upon appeal.

Lindsay was observed entering a three-unit apartment building by the owner-manager...


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