United States v. Moore

612 F.3d 698 (D.C. Cir. 2010)

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Nature of the Case

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Facts

Inspectors intercepted a package containing powder cocaine and addressed to Karen White, whom they believed was a “fictitious person.” They organized a “controlled delivery” in order to apprehend the recipient of the package. They replaced most of the cocaine inside the package with flour, to place a tracking device inside the box, and to monitor the delivery of the package. They were prepared to arrest anyone who, after delivery, attempted to open the package or to remove it from the premises. They attempted to hand deliver the package to the indicated address. While doing so, D arrived at the house and used a key to open the front door. The undercover officer stated that there was a package for White and asked whether White lived there and whether she was home. D said White was not home and he would sign for the package. When asked his relationship to White, D said he was her boyfriend. The officer asked D to sign the delivery form, and the Express Mail label and D signed the name “Kevin Jones” on each. D then took the package, placed it inside the house, shut the door, and left the premises. Soon thereafter he returned to the house and retrieved the package. D was arrested when he attempted to leave with it. D was charged with making a materially false statement about a matter within the jurisdiction of the United States Postal Service, in violation of 18 U.S.C. § 1001(a)(2). D admitted at trial that he signed the delivery form and the Express Mail label using a false name. D challenges the sufficiency of the evidence supporting his conviction for making a materially false statement in violation of § 1001.