United States v. Gilbert M. Ortega

Gilbert Ortega (“Gilbert”) appeals from his conviction for possessing stolen mail in violation of 18 U.S.C. § 1708 . Three government checks were stolen from the mail and presented for payment by a person who was identified as Gilbert by the bank tellers. The Government’s handwriting expert testified that the forged endorsements on each of the checks were written by Gilbert. The only controverted fact was the identification of Gilbert as the person who possessed the stolen mail. Gilbert denied any involvement; he claimed that he was mistaken for his brother, Henry, whom he strongly resembles and whose handwriting is similar to his own.

Three issues are presented on appeal. Did the district court err (1) in excluding testimony from appellant’s mother that Henry had tampered with mail on other occasions and had once forged her signature on a check, (2) in denying Gilbert’s motion to prevent the Government from impeaching him with a prior misdemeanor conviction, and (3) in prohibiting him from impeaching a government witness with a prior felony conviction?

I

On direct examination, Mrs. Ortega testified that her son Henry drove Gilbert’s car (which had been identified as being the…