United States v. Cesar Caballero

MEMORANDUM

Cesar Caballero was convicted of three counts of “knowingly and willfully obstructing] or retarding] the passage of the mail.” 18 U.S.C. § 1701 . Each count related to the delay or diversion of mail from a specific address. Caballero was sentenced to 90 days in jail and ordered to pay a special assessment of $30.

I

Caballero challenges the sufficiency of the evidence to support each of his convictions. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). With regard to Count 2, there was no evidence that the relevant address existed. The government concedes that we should vacate Caballero’s conviction on that count. We agree.

As to Counts 1 and 3, the government concedes that § 1701 requires proof that actual pieces of mail were obstructed or delayed. To support Caballero’s conviction on Count 1, the government points to the testimony of a postal employee who answered “[y]es” when asked whether “the mail [for the address at issue in Count 1] was actually placed on hold.” Although the parties dispute the meaning of this testimony, a reasonable finder of fact could conclude that this testimony established that mail was actually…