United States v. Robert K. Costello, Sr.

Robert K. Costello, Sr., a postal employee at the time of the offense, December 14, 1978, was charged and convicted of embezzling mail matter in violation of 18 U.S.C. § 1709. On appeal he claims the district court erred in (1) denying his motion to suppress money taken from a “test letter” seized from him in a search which he claims was unconstitutional and (2) in overruling his motion for acquittal because the Government failed to prove the test letter was matter intended to be conveyed by mail.

The evidence shows that a test letter addressed to the Bank of Grover and containing $48.00 in…