United States v. Maria L. Galindo

On this appeal from a conviction for five counts of mail theft, in violation of 18 U.S.C. § 1708 , followed by the denial of a motion to dismiss the indictment, we consider whether the evidence of an actual theft sufficed.

Maria L. Galindo was an employee of Call’s Jewelers. She had been authorized to pick up at the post office packages sent to her employer by certified mail. Call’s failed to receive five shipments of jewelry by certified mail. The Postal Service investigated. It determined that Galindo had fraudulently obtained two of the packages by forging the name of a co-employee. She obtained three others by signing her own name in an altered hand so as to suggest that another person had forged her signature.

Galindo was indicted for five counts of mail theft. She moved to dismiss the indictment, asserting that the allegations and proof did not support the crime of mail theft by fraud or deception. The district court denied the motion. A jury convicted her on all counts.

She contends that, even assuming the truth of the government’s evidence, she committed only nonfederal thefts from Call’s or, at most, obstructed correspon- denee in violation of 18 U.S.C. § 1702 . In…