## Facts

- Andrew Oreckinto broke into the New Britain Candy Company (NBCC) warehouse in Wethersfield, Connecticut on March 19, 2011 and stole about 8,000 cartons of cigarettes valued near $300,000.
- NBCC, owned by General Equities Inc., operated as a fulfillment center supplying products (including cigarettes) to Food Bag convenience stores.
- Food Bag had locations in multiple states; NBCC distributed goods to stores inside and outside Connecticut.
- The government linked Oreckinto to the burglary using surveillance images, clothing comparisons, and a Facebook photo posted by his spouse showing him wearing a sweatshirt print arguably consistent with the burglar’s.
- At trial, the district court admitted internet-derived images of a SouthPole-branded sweatshirt for limited visual comparison over objections based on authentication, relevance, and unfair prejudice.

## Issues

1. Whether sufficient evidence supported the jury’s finding that the stolen cigarettes were part of an “interstate shipment” under 18 U.S.C. § 659 when taken from NBCC’s warehouse.
2. Whether the prosecutor’s summation comments and use of images (including empty-shelf and family photos) were so improper and prejudicial as to deny due process and require a new trial.

## Decision

- The Second Circuit affirmed the conviction.
- The court held the evidence permitted a rational juror to find that the cigarettes remained in the flow of interstate commerce because NBCC served as an intermediate distribution point for stores in multiple states.
- The court rejected the prosecutorial-misconduct claim, concluding the challenged statements and images, viewed in context, did not render the trial fundamentally unfair and did not warrant reversal.

## Legal Principles

- On sufficiency review, the appellate court views the evidence in the light most favorable to the government and sustains the verdict unless proof of guilt is nonexistent or so meager that no reasonable jury could find guilt beyond a reasonable doubt.
- For 18 U.S.C. § 659, goods may qualify as part of an “interstate shipment” while moving through an intermediate storage or distribution facility if the evidence supports a continuous interstate distribution plan to the contemplated destinations.
- Alleged prosecutorial misconduct warrants reversal only if the challenged conduct, in the context of the whole trial, so infected the proceedings with unfairness as to constitute a denial of due process.
- Internet images may be admitted for limited illustrative comparison if the proponent meets the minimal Rule 901 threshold—enough for a reasonable juror to find the item is what it is claimed to be—and the probative value is not substantially outweighed by unfair prejudice under Rule 403.

## Conclusion

The Second Circuit affirmed Oreckinto’s conviction for theft from an interstate shipment, holding that NBCC’s role in multi-state distribution supported the interstate-shipment element and that the prosecutor’s summation, including use of images, did not deprive Oreckinto of a fair trial.


United States v. Oreckinto, 783 F. App’x 82 (2d Cir. 2019)