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US v. Oliver, No. 09-10133

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By FindLaw Staff on January 10, 2011 4:00 PM

Mail Fraud Conviction Affirmed

In US v. Oliver, No. 09-10133, the court affirmed defendant's conviction for aiding and abetting mail fraud and aggravated identity theft where the initial private search, which was reasonably foreseeable, and the searcher's act, later that day, of voluntarily giving authorities defendant's box, in which no reasonable expectation of privacy remained, rendered the subsequent police search permissible under the Fourth Amendment.


As the court wrote:  "Appellant Lonnie Oliver, Jr. ("Oliver") appeals his convictions and the sentences imposed upon his pleas of guilty to aiding and abetting mail fraud and aggravated identity theft.   Pursuant to a conditional plea agreement, he appeals the denial of his motion to suppress and also challenges the voluntariness of his appeal waiver and plea.  Finally, Oliver challenges the factual basis supporting his aggravated identity theft conviction."

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