United States v. Robert Leonard Lucarz

This appeal is by a postal employee from a conviction for theft from the mails. 18 U.S.C. § 1709 . We affirm.

The record shows that at approximately 5:00 A.M. on February 10, 1968, appellant Lucarz, a mail clerk in the main post office in Phoenix, Arizona, signed for and acknowledged receipt of a registered mail pouch. It contained 36 registry envelopes filled with the proceeds of the previous day’s sale of stamps at a branch post office. Seven hours later, Lucarz reported to his supervisor that the pouch had been cut and the contents were missing.

Following a series of interrogations, postal inspectors obtained from the United States Commissioner a warrant to search appellant’s residence and discovered $29,000 in currency. Appellant was arrested, tried, and convicted.

He argues first that his offense, although punishable as embezzlement under 18 U.S.C. § 1711 , does not constitute a violation of the statute under which he was prosecuted. He asserts that the registry pouch was used for the internal business of the Post Office, and thus was not “intended to be conveyed by mail” within the meaning of 18 U.S.C. § 1709 .

The Post Office, like everyone else, has the right to use…