United States v. Robert C. Morrison

GOODWIN, Circuit Judge:

Robert C. Morrison, convicted of misappropriating less than $100 in postal funds, a misdemeanor, in violation of 18 U.S.C. § 1711, objects: (1) that the complaint was defective in not alleging a mens rea; (2) that the evidence was insufficient to convict; and (3) that there was a fatal variance between an allegation and the proof.

Morrison was a postal employee in Las Vegas. His cash drawer at one time was short about $250.00. The shortage, under postal regulations, was fully deductible from his pay. 1 Postal regulations also provide that any “overage” in an employee’s…