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UNITED STATES v. DOLLARD

No. 85-5042.

780 F.2d 1118 (1985)

UNITED STATES of America, Appellee, v. James David DOLLARD, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1985.

Attorney(s) appearing for the Case

Dan T. Coenen (Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., on brief) for appellant.

Kenneth P. Andresen, Chief Asst. U.S. Atty., Charlotte, N.C. (Charles R. Brewer, U.S. Atty., Asheville, N.C. on brief) for appellee.

Before HALL and SPROUSE, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

James David Dollard appeals his conviction by a jury of embezzling postal property in violation of 18 U.S.C. § 1709. We reverse and remand the case for a new trial.

I.

Dollard, who has a hearing and speech impairment, was employed by the United States Postal Service in Charlotte, North Carolina, as a postage due clerk. He worked from 12 midnight to 8:30 a.m. sorting postage-due mail for delivery.

The evidence...

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