United States v. Alfred A. Smith

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Alfred A. SMITH, Defendant-Appellant. No. 94-10081. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1994. * Decided Dec. 6, 1994. 1 Before: ALARCON and HALL, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 Alfred A. Smith appeals his jury conviction for violating 18 U.S.C. Secs. 1708 and 2 for Possession of Stolen Mail. Smith asserts (1) the trial court reversibly erred by admitting irrelevant or unduly prejudicial evidence, (2) the trial court incorrectly defined reasonable doubt for the jury, and (3) the evidence was insufficient to support his conviction. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and affirm. I. 4 On the morning of July 2, 1993, a mail carrier discovered that someone had broken into her postal vehicle and that undelivered mail was missing. The same morning, a police officer, while responding to an…