United States v. Carl Owen Hill

LAY, Circuit Judge.

Carl Owen Hill appeals from his conviction on one count charging that he took a letter from an authorized depository for mail in violation of 18 U.S.C. § 1702, and one count charging that he forged a United States Treasury check in violation of 18 U.S.C. § 495. We affirm the latter count, but vacate the conviction under § 1702.

On January 3, 1977, a social security check in the amount of $306.20 arrived at the home- of Hill’s mother, Mrs. Emma L. Hill. Knowing she would not be home, Mrs. Hill told her son to pick up her check (which she anticipated would arrive that day) and…