## Facts

- Michael Allen McCowan was indicted on two federal mail offenses arising from a package addressed to Joan Ansel in Rockville, Maryland, that was in the Van Nuys, California post office.
- Count I alleged that McCowan obtained the package from the post office “by fraud and deception,” in violation of 18 U.S.C. § 1708.
- Count II alleged that McCowan opened the package with the intent to obstruct Ansel’s correspondence, in violation of 18 U.S.C. § 1702.
- McCowan’s defense asserted that he was the sender (or the sender’s agent) and that once the post office surrendered the package to him, federal postal protection ended.
- The evidence allowed the jury to find that McCowan was not the sender or an authorized agent, misrepresented himself to obtain the package, and acted to interfere with the addressee’s mail.
- The defense offered a reputation witness, Ira Reiner, to testify to McCowan’s honesty and truthfulness.
- On cross-examination, the prosecutor asked Reiner whether he had heard McCowan had passed “worthless checks” totaling over $12,000; the court sustained an objection and the witness did not answer.

## Issues

1. Whether the evidence was sufficient to support convictions under 18 U.S.C. § 1708 (fraudulent obtaining of mail) and 18 U.S.C. § 1702 (obstruction of correspondence).
2. Whether federal statutory protection for the package ended when the post office surrendered it to McCowan based on his claimed status as sender or sender’s agent.
3. Whether the prosecutor’s unanswered “have-you-heard” question to a character witness about alleged worthless checks required reversal.
4. Whether other complained-of references implying other crimes or bad character denied McCowan a fair trial.

## Decision

- The Ninth Circuit affirmed the convictions and concurrent sentences on both counts.
- The court held the evidence permitted the jury to find McCowan was neither the sender nor an authorized agent, obtained the package by fraud, and intended to obstruct the addressee’s correspondence.
- The court rejected the argument that surrender of the package to McCowan removed it from federal protection where the jury could find he lacked authority to receive it.
- The court held the unanswered question to the character witness, followed by a sustained objection, was not reversible error.
- The court found no other prejudicial evidentiary error warranting reversal.

## Legal Principles

- Federal mail protection under 18 U.S.C. § 1702 extends from the time mail enters the postal system until it reaches the addressee or the addressee’s authorized agent.
- 18 U.S.C. § 1708 extends federal protection to mail matter and packages held by the post office and reaches fraudulent schemes used to obtain such mail from postal custody.
- Whether a defendant qualifies as a sender or authorized agent is a factual question for the jury when disputed and supported by conflicting evidence.
- An unanswered “have-you-heard” question posed to a character witness, where the trial court sustains an objection and the episode is isolated, is unlikely to constitute reversible prejudice absent a showing it affected the fairness of the trial.

## Conclusion

The Ninth Circuit upheld McCowan’s convictions because the jury could reasonably find he was not authorized to receive the package, procured it from postal authorities by fraud, and opened it intending to obstruct the addressee’s correspondence; the complained-of character-witness cross-examination and other evidentiary matters did not warrant reversal.


McCowan v. United States, 376 F.2d 122 (9th Cir. 1967)