United States v. Raymond Earl MacHado

Appellant Machado was a civilian employed at the Camp Pendleton Marine Base in the “Recreational Branch of the Section of the Base Special Services.” As a “Recreation Specialist”, Machado was charged with “direct supervision” of the section’s ticket office. In essence, it was Machado’s responsibility to oversee the daily ticket sales and to make an accounting thereof. According to the evidence adduced at trial, which we view in the light most favorable to the government, at some point in the performance of his assigned duties, Machado went astray. Illustrative of his defection from the law-abiding is the following: The amusement attraction, Sea World, which had issued, on consignment, discount tickets to the base notified Machado that due to a change in its method of selling tickets to military personnel, all proceeds along with any unsold tickets were to be returned “as soon as possible.” Machado was not able to immediately comply with this request because he had diverted a substantial portion of these proceeds from the office cash register to his personal coffer. Frustrated by Machado’s efforts to forestall compliance, Sea World threatened to inform the Marine Director of Base…