United States v. John Henry Brown

HEANEY, Circuit Judge.

John Henry Brown appeals from his conviction for taking a package from an authorized depository for mail with design to open, secrete and embezzle in violation of 18 U.S.C. § 1702. Brown argues that the trial court erred in refusing his request for a lesser included offense instruction based upon 18 U.S.C. § 1701, in refusing to define “authorized depository for mail” in accordance with his request and in instructing the jury that as a matter of law decoy packages are “mail matter” within the meaning of 18 U.S.C. § 1702. We affirm.

In response to reports of mail theft at…