United States v. Upshaw, Allen

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Allen Upshaw was convicted by a magistrate, exercising jurisdiction pursuant to 18 U.S.C. § 3401(a), of obstruction of the mails in violation of 18 U.S.C. § 1701. He appealed pursuant to 18 U.S.C. § 3402 but the district court affirmed his conviction in an opinion and order dated July 7, 1989. An appeal to this court followed.

The facts developed at trial are as follows. Upshaw was employed as a postal truck driver by the United States Post Office at its Edison, New Jersey, facility where his assignment was to shuttle mail between Edison and either…