United States v. Harry Hergenrader

STEPHENSON, Circuit Judge.

Appellant Hergenrader was convicted by a jury verdict of guilt1 on one count of theft of mail matter, 18 U.S.C. § 1709.2 The sole issue raised on this appeal is whether there was sufficient evidence to support a jury finding that a decoy letter, which was the subject of the indictment and conviction, was intended to be conveyed by mail within the meaning of 18 U.S.C. § 1709. We affirm.

Appellant was employed as a laborer-custodian for the United States Postal Service at the main branch post office in Lincoln, Nebraska, at the time of his arrest for mail theft. One of…