United States v. Jolynn May

Defendants Jason and Jolynn May pled guilty to one count of receipt of stolen mail and one count of mail theft, in violation of 18 U.S.C. § 1708 . The district court’s loss calculation included certain expenses the United States Postal Service (the “USPS”) incurred to avert future mail thefts. On appeal, the Mays argue that the district court erred by including these expenses as loss, for purposes of both sentencing and restitution. We reject the Mays’ argument with regard to the loss calculation under the Sentencing Guidelines, but conclude that the district court improperly ordered restitution for the USPS’s expenses.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2010, during the holiday season, the Mays engaged in a series of mail thefts in the Vancouver, Washington area. On at least four occasions that month, the Mays drove through Vancouver neighborhoods on “Christmas shopping” trips — as the Mays dubbed them — in search of packages to steal. Mychal Lecouris accompanied the Mays on several occasions. During these trips, Jolynn drove the Mays’ Volkswagen, with Jason in the passenger seat and Lecouris in the back, while they looked for packages on porches, in…