United States v. Calvin A. Selwyn

LAY, Senior Circuit Judge.

Calvin A. Selwyn appeals from his conviction under 18 U.S.C. § 1709 for embezzling a package entrusted to the United States mail. He contends that the prosecution presented no evidence that he came into possession of the package lawfully, one of the elements of *557embezzlement. We agree and reverse the judgment of conviction.

Selwyn worked at the downtown Minneapolis post office as a maintenance control clerk. He was responsible for handling paperwork for the maintenance department and had no authority or responsibility for handling mail. While working a night shift in…