UNITED STATES v. DAWSON

No. 79-5160.

608 F.2d 1038 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome DAWSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 26, 1979.


Attorney(s) appearing for the Case

Robyn J. Hermann, Asst. Fed. Public Defender, Miami, Fla., for defendant-appellant.

Ralph N. Person, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, Chief Judge, KRAVITCH and HENDERSON, Circuit Judges.


KRAVITCH, Circuit Judge.

Jerome Dawson was convicted of two counts of possessing stolen mail in violation of 18 U.S.C. § 1708. On appeal Dawson argues that the district court erred in overruling his motion for a judgment of acquittal at the close of the government's case. We find that there was insufficient evidence that the items in question were stolen from the mail; accordingly, we reverse.

The items in question are two American Express money orders...

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