U.S. v. MONDAY

No. 08-50206.

614 F.3d 983 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Henry Lee MONDAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2010.


Attorney(s) appearing for the Case

Christine S. Bautista, Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.

Gia Kim, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Before WILLIAM C. CANBY, JR., KIM McLANE WARDLAW and CONSUELO M. CALLAHAN, Circuit Judges.


OPINION

CANBY, Circuit Judge:

Henry Lee Monday appeals his conviction by a jury of violating 18 U.S.C. § 1709, which, in pertinent part, provides felony penalties for a United States Postal Service employee entrusted with mail who "steals, abstracts, or removes from any such letter, package, bag, or mail, any article or thing contained therein. . . ." Monday does not dispute the essential facts of the case, which establish that, while delivering mail...

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