UNITED STATES v. ABERNATHY

No. 81-2072.

688 F.2d 576 (1982)

UNITED STATES of America, Appellee, v. Raymond ABERNATHY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 15, 1982.


Attorney(s) appearing for the Case

Thomas E. Dittmeier, U. S. Atty., Pamela H. Bucy, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Lewis, Rice, Tucker, Allen & Chubb, Keith D. Patten, St. Louis, Mo., for defendant-appellant.

Before LAY, Chief Judge, and STEPHENSON and JOHN R. GIBSON, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Raymond Abernathy was convicted of two counts of embezzling items of mail entrusted to him as a Postal Service employee in violation of 18 U.S.C. § 1709. He appeals claiming that (1) his indictment violated the Speedy Trial Act and is barred by collateral estoppel, and (2) the evidence, submitted by stipulation, was not sufficient to support the judgment. We affirm.

Postal inspectors observed Abernathy place a "test letter...

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