United States v. Cecil Winbush

McCREE, Circuit Judge.

This is a direct appeal from a judgment of conviction of possession of stolen mail in violation of 18 U.S.C. § 1708. Two issues are presented: (1) whether the District Court erred in admitting into evidence property found on appellant’s person by a hospital aide, and, (2) whether the court’s instruction that possession of recently stolen property permits the inference that the possessor knew the property was stolen was erroneous.

In response to a radio call, two Cleveland, Ohio police officers found appellant unconscious and lying in the hall of a building. They took him…