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U.S. v. WHITE

January 29, 2003

UNITED STATES OF AMERICA, PLAINTIFF,
v.
THOMAS EDWARD WHITE, DEFENDANT.



The opinion of the court was delivered by: Richard Mills, United States District Judge

OPINION

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?

Yes.

The special nature of the United States mail mandates it.

Objection denied.

I. BACKGROUND

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 duly entered.

Defendant has now raised the following unresolved objections to the Presentence Investigation Report ("PSR"):

II. OBJECTIONS AND FINDINGS

A. Paragraph 18

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. ยง 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 ...


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