United States v. Mae C. Anderson

We consider three issues in this appeal by Mae C. Anderson from convictions of unlawful delay and embezzlement of mail: (1) errors in the admission of evidence, (2) ineffective assistance of counsel, and (3) errors in imposition of sentence. Only the third issue has merit. We affirm the convictions and remand for resentencing.

Anderson, a mail carrier, had a motor vehicle accident in 1985 when her postal truck collided with a boy on a bicycle. Anderson failed to report the accident to her superiors. The boy’s mother, Susan Lucich, did so and Postmaster Andritch ordered an investigation which resulted in Anderson’s discharge.

She was later reinstated but harassed the Lucich children, failed to deliver the Lucich mail, and was transferred to another mail route. Ms. Lucich then began to receive harassing telephone calls, one of which was traced to Anderson. When confronted by law enforcement persons, Anderson agreed that the calls would stop, which they did. In state court, she pleaded guilty to a charge of making harassing calls.

But trouble with delivery of mail to Ms. Lucich continued and she complained. The Postal Service suspected Anderson and gave her intentionally missorted…