United States v. Cunningham

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

After deliberating all of ten minutes, the jury in this case returned a verdict finding defendant, a former U.S. Postal Service mail carrier, guilty of possessing stolen mail in violation of 18 U.S.C. § 1708. Defendant has renewed his motion for judgment of acquittal under Fed.R.Crim.P. 29, which was originally filed at the close of the government’s case, and has also moved for a new trial pursuant to Fed.R.Crim.P. 33. The issue presented is whether the government proved beyond a reasonable doubt that defendant had constructive possession…