United States v. Dexter W. Daughtry

Opinion for the Court filed by Chief Judge MacMAHON.

MacMAHON, Chief Judge:

Appellant Dexter W. Daughtry was indicted under 18 U.S.C. § 1708 for possession of stolen mail. Following a non-jury trial before the Honorable June L. Green in the United States District Court for the District of Columbia, defendant was convicted and subsequently sentenced to a prison term of two years. Appellant contends (1) that the evidence below was insufficient to prove possession of stolen mail in violation of section 1708, and (2) that the proof impermissably varied from the crime alleged in the indictment.…