United States v. Earl Joseph Anderson

Earl J. Anderson appeals his conviction under 18 U.S.C. § 1708 on three counts of mail theft. He had been charged with six counts. He asserts that the district court erred in refusing to consolidate the six counts into one count; that the government failed to prove beyond a reasonable doubt that he had the specific intent to steal the mail; and that he should have been acquitted because of an inconsistent jury verdict.

The only substantial issue is that of consolidation of counts in mail theft cases. We conclude that the court erred in refusing to consolidate in this case; but the error does not require a new trial.

On May 31, 1981, the postmaster of an Everett, Washington, post office saw Earl Anderson in a blue van leaving a post office parking lot. Later the same day he saw Anderson carrying parcels across a post office loading dock towards his van. When Anderson got into the van the postmaster approached him and asked Anderson what he was doing. He observed some packages on the floor of the van. When Anderson drove off, without answering the question, the postmaster took down the license number and called the police.

Police officers shortly arrived at Anderson’s home. Mrs.…