United States v. Oscar Trevino

BELL, Circuit Judge:

Appellant, a Postal Service employee, was convicted of violating Title 18, U.S. C.A. § 1709. This statute delineates two offenses. The question presented is *75whether appellant was charged with an offense under the statute. We reverse and remand, holding that the indictment failed to state an offense.

The indictment was challenged prior to trial as required by Rule 12(b)(2), F.R.Crim.P.1 Moreover, under the terms of the rule, an indictment may be challenged at any time if no offense is charged in the indictment. Walker v. United States, 5 Cir., 1965, 342 F.2d 22, 26; United…