The opinion of the court was delivered by: Richard Mills, United States District Judge
A truck driver is convicted of theft of mail matter.*fn1
Does the enhancement for abusing a position of public trust apply to
someone whose job it is to deliver the mail but who is not an employee of
the United States Postal Service?
The special nature of the United States mail mandates it.
As set forth in his plea agreement, on March 4, 2001, Defendant was
employed as a driver for T&W Trucking. As a driver for T&W Trucking,
Defendant was assigned to deliver mail matter. Specifically, Defendant
was assigned to deliver registered mail pouches from the Beardstown,
Illinois, Post Office to the Springfield, Illinois, Post Office. These
registered mail pouches contained postal proceeds from the Beardstown
Post Office and from a postal substation which totaled over $16,000.00.
Rather than deliver these mail pouches to the Springfield Post Office,
however, Defendant opened the pouches and removed the cash therein. On
June 7, 2002, a federal grand jury indicted Defendant on two Counts of
theft of mail matter in violation of
On August 27, 2002, Defendant changed his plea before United States
Magistrate Judge Byron G. Cudmore from not guilty to guilty of the two
Counts of theft of mail matter as charged in the Indictment. On September
13, 2002, the Court accepted Judge Cudmore's Report and Recommendation
regarding Defendant's adjudication of guilt, and a judgment of guilty was
Defendant has now raised the following unresolved objections to the
Presentence Investigation Report ("PSR"):
II. OBJECTIONS AND FINDINGS
Defendant objects to paragraph 18 wherein he receives a two level
enhancement for abusing a position of public trust. Defendant argues that
application note 1 to U.S.S.G. § 3B1.3 explicitly states that the
enhancement would not apply to a bank teller who stole money from a
bank. Defendant contends that his position as a driver for T&W Trucking
had even less ...