United States v. Gary Lewis Gallop

Gallop appeals his conviction under 18 U.S.C. § 1708 for possessing money orders stolen from the mail. He argues there was insufficient evidence that the theft occurred while the money orders were still in the mails, i.e., after they had been mailed, but before they had been delivered; and that certain evidence seized from his person should have been suppressed.

Mailing and Non-Receipt

In determining whether the government has met its burden of showing mailing and non-receipt, the jury is entitled to “make common sense inferences from the proven facts.” United States v. Gardner, 454 F.2d 534, 536 (9th Cir.1972), quoting United States v. Hines, 256 F.2d 561, 564 (2d Cir.1958). While the evidence in this case was weaker than the evidence in Gardner , we believe it was sufficient to allow the jury to infer mailing and non-receipt. The government produced two “Transaction in Difficulty” forms prepared by Safeway reciting the dates the money orders were mailed first class by American Express from New York, and reporting that the agent at the Safeway store in Seattle did not receive them. While records prepared by the addressor would have been stronger evidence of mailing, the jury…