United States v. Leo J. Dorey, Jr.

Circuit Judge:

After trial by jury, Leo J. Dorey was convicted of each charge set forth in a five-count indictment. Each count charged that, on different dates, Dorey “willfully and knowingly did make and cause to be made a false, fictitious and fraudulent statement and representation as to material facts in a matter within the jurisdiction of the United States Postal Service and/or United States Department of Labor, submitted to the United States Department of Labor; in which Leo J. Dorey, Jr. did make an affidavit or report required by section 8106 of Title 5, United States Code ... a statement showing that he had no income, nor employment under the Federal Employees’ Compensation Act, whereas in truth and in fact as he then knew, he in fact was self employed and performing substantial work; all in violation of section 1001, Title 18, United States Code.”

We must reverse the judgment because the government failed to prove that Dorey was required to file a report under 5 U.S.C. § 8106 , as charged in the indictment. Accordingly, we do not reach the merits of Dorey’s additional contentions.

I.

In October, 1976, Dorey injured his back while working as a letter carrier for the…