U.S. v. GALINDO

No. 88-1150.

871 F.2d 99 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Maria L. GALINDO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 29, 1989.


Attorney(s) appearing for the Case

Edwin P. Young, II, Tempe, Ariz., for defendant-appellant.

Charles F. Hyder, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before MERRILL, WRIGHT and BEEZER, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

On this appeal from a conviction for five counts of mail theft, in violation of 18 U.S.C. § 1708, followed by the denial of a motion to dismiss the indictment, we consider whether the evidence of an actual theft sufficed.

Maria L. Galindo was an employee of Call's Jewelers. She had been authorized to pick up at the post office packages sent to her employer by certified mail. Call's failed to receive five shipments of jewelry...

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