United States v. Rupert

OPINION

MUIR, District Judge.

On January 15, 1981 a grand jury for the Middle District of Pennsylvania returned a two-count indictment charging Rupert, a Postal Service employee, with violations of 18 U.S.C. §§ 1709 and 1701. Rupert was charged in Count I with theft and removal of $8.00 from a letter which had been entrusted to him and which was intended to be conveyed by mail and in Count II with willfully obstructing the passage of a letter by placing it in a waste receptacle.

On February 11,1981, Rupert filed a motion pursuant to Fed.R.Crim.P. 12(b) to dismiss the indictment on the grounds…