United States v. Walls

134 F. App'x 825
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 12, 2005
Docket04-5391
StatusUnpublished

This text of 134 F. App'x 825 (United States v. Walls) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Walls, 134 F. App'x 825 (6th Cir. 2005).

Opinion

PER CURIAM.

Defendant-Appellant Wynile Walls (hereinafter Walls) appeals his conviction, after a jury trial, on six counts of possession of stolen mail, altering postal money orders, and making a false, fraudulent, and fictitious material statement to postal inspectors. He contends that the evidence was insufficient to establish his guilt beyond a reasonable doubt. We affirm.

I

On December 7, 2000, Terry Ling, a businessman in Memphis, purchased four postal money orders and an Express Mail envelope from a postal clerk named Calvin Walls, the Appellant’s brother, at the United States Postal Service Air Mail Center in Memphis. Ling made the money orders out to You Jin, a business in New York City. When he had completed filling out *826 the forms and sealed the money orders in the envelope, Calvin Walls was no longer available, and Mr. Ling handed the envelope to another postal clerk. Although the envelope was registered as entering the Postal Service tracking system, it subsequently disappeared.

When the now-cashed money orders were located, the payee’s name had been changed on each. One order was made out to and endorsed by Wynile Walls and listed Wynile Walls’s driver’s license number. The second was made out to and endorsed by Carl Marshall. A Postal Service forensic handwriting expert testified that the payees’ names and endorsements on these two money orders were, with qualified certainty, written by Walls. 2 The second money order also had Walls’s fingerprint on it. The third money order was made out to Tasha White, and the fourth to Ramona Parker. Walls did not write anything on these two orders.

The last two money orders were cashed by women who worked as dancers at the Club Flamingo, where Walls was a manager. According to the testimony of the women, Walls came to the apartment of one of them, Aundrea Carrick, and asked her to cash a $400 money order. She testified that the money order was already made out to Tasha White and that she simply signed her name on the back. The second dancer, Cicely Thomas, was also at Carrick’s apartment at the time. Carrick picked up a $700 money order, which was lying on a coffee table, and handed it to Thomas for her to cash. Thomas wrote the name Ramona Parker on the front and signed her own name on the back. Car-rick, Thomas, and Walls then went to two different post offices, where first Thomas, then Carrick separately cashed their money orders. Carrick gave $300 back to Walls and kept the $100 he told her she could have for cashing the order. After cashing her money order, Thomas gave the cash to Walls, who gave her back $200 to pay off a debt Carrick owed Thomas.

The defense put on Derek Jackson, formerly a bouncer at the Club Flamingo, who testified that in December 2000, Walls asked him to watch the Club while he took Carrick to cash a money order. Jackson also testified that “Checks and money orders, all that come through the club,” as the means by which patrons paid “for their service through the females.” Jackson acknowledged that he did not see any money orders at the time.

According to the testimony of a postal inspector, Walls denied knowing Thomas or Carrick, though the inspector did not show him their pictures or identify them to Walls by their respective stage names. The inspector showed Walls the money orders and testified that Walls “adamantly denied that he had ever cashed a money order in his life.” With regard to the theft of the money order, the inspector also said that Walls “basically ... denied the entire thing.”

Based on this evidence, the jury convicted Walls of three counts of unlawful possession of a United States Postal Money Order, in violation of 18 U.S.C. § 1708; two counts of falsely altering a money order, in violation of 18 U.S.C. § 500; and one count of making a false, fraudulent, and fictitious material statement to a postal inspector, in violation of 18 U.S.C. *827 § 1001. The judge sentenced Walls to three years’ probation and a fíne.

II

Walls now contends that the jury had insufficient evidence to find him guilty beyond a reasonable doubt. We review a sufficiency of the evidence claim de novo, considering “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); United States v. Wood, 364 F.3d 704, 716 (6th Cir.2004). The Appellant’s burden is very heavy because the reviewing court does no.t judge the credibility of witnesses or weigh evidence, and it draws all reasonable inferences in the government’s favor. United States v. Walls, 293 F.3d 959, 967 (6th Cir.2002); United States v. Tocco, 200 F.3d 401, 424 (6th Cir.2000).

Walls was indicted and convicted for unlawfully possessing the money order on which he was named as payee, the one that he asked Carrick to cash, and the one that Thomas cashed. To sustain a conviction under 18 U.S.C. § 1708 for stealing a piece of mail, the Government must prove (1) that the matter described in the indictment was mail matter, (2) that the mail matter was stolen, (3) that the defendant knew it was stolen, and (3) that defendant possessed the stolen mail matter. The evidence demonstrated beyond a reasonable doubt that the Postal Service money orders had been stolen from the mail. Ling, the original purchaser, bought the money orders. He had a receipt identifying each money order; the Postal Service tracking system had the envelope entering the system and then disappearing; and the money orders later turned up, with different payees’ names written in and in the possession of people other than the original intended payee.

A rational juror could also conclude, based on the circumstantial evidence, that Walls knew the money orders were stolen. They were originally made out to You Jin, and they were all placed together in a single envelope. After disappearing from the system, one of the money orders reappeared with Walls’s name as payee and endorser. The handwriting was identified as Walls’s. Furthermore, as all of the orders had been placed into the mail together, if Walls knew that one of them was stolen, a rational juror could reasonably infer that Walls also knew that the others were stolen. In addition, the jury had sufficient evidence to find that Walls possessed the money orders. His handwriting was identified on one of them. Carrick testified that Walls gave her another money order.

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134 F. App'x 825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-walls-ca6-2005.