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U.S. v. SELWYN

No. 92-2800.

998 F.2d 556 (1993)

UNITED STATES of America, Appellee, v. Calvin A. SELWYN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 2, 1993.

Attorney(s) appearing for the Case

Virginia G. Villa, Minneapolis, MN, argued (Scott F. Tilsen, on brief), for appellant.

Andrew M. Luger, Minneapolis, MN, argued (Thomas B. Heffelfinger, on brief), for appellee.

Before McMILLIAN, Circuit Judge, LAY, Senior Circuit Judge, and LOKEN, Circuit Judge.

LAY, Senior Circuit Judge.

Calvin A. Selwyn appeals from his conviction under 18 U.S.C. § 1709 for embezzling a package entrusted to the United States mail. He contends that the prosecution presented no evidence that he came into possession of the package lawfully, one of the elements of embezzlement. We agree and reverse the judgment of conviction.

Selwyn worked at the downtown Minneapolis post office as a maintenance...

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