United States v. Nathaniel Moore, Jr.

Appellant Nathaniel Moore was convicted of violating 18 U.S.C. § 1708 (1976) (unlawful receipt of mail). The sole issue on appeal is the propriety of the district court’s decision to excuse Lembric Moore from testifying at appellant’s trial. The district court based its decision to honor Lembric’s refusal to testify on his claim of a fifth amendment privilege against self-incrimination, even though Lembric already had pled guilty to one count of the indictment against him and the other counts had been dismissed.

We note jurisdiction under 28 U.S.C. § 1291 (1976), and affirm appellant’s conviction.

FACTS

On August 1,1980, a United States Postal Service delivery jeep was broken into and mail, including welfare and treasury checks, was stolen. Later that day, acting on a mail theft report, five Los Angeles County Deputy Sheriffs went to a house at 9004 South Compton Avenue to conduct an investigation. The deputies approached the house and found several opened letters on the front porch. Through the open front door, one officer could see someone sitting on a couch examining a stack of letters. Upon seeing the officer, the individual ran toward the back of the house. Three of the…