United States v. Peter A. Makres

TONE, Circuit Judge.

The issues in this case are (1) whether the trial judge abused his discretion in dismissing a juror for tardiness, and (2) whether the defendant may be convicted and cumulatively punished for both (a) possessing stolen mail and (b) uttering United States Treasury checks containing forged endorsements, when the stolen mail possessed consists of the Treasury checks. We answer both questions in favor of the prosecution and affirm.

A six count indictment was returned against defendant Makres charging him in three counts with possession of stolen mail on three specified dates,…