United States of America v. Robert Gafford

Cape Girardeau, Missouri criminal defense lawyer represented the Defendant charged with delay and embezzlement of mail.



Robert Gafford was hired by the United States Postal Service as a rural mail

carrier in 2015. He was assigned to deliver mail in Scott County, Missouri, along a



rural route that included the home of Karen and Doug Ressel.

In the summer of 2021, the Ressels noticed that anticipated mail did not arrive

at their mailbox. They initially thought the failed deliveries were caused by

construction on the county road where they lived. But after the road construction was

completed in November, the problem of missing mail continued.



The Ressels inquired with the postmaster and with a customer service

supervisor, Dustin Redden, about why they were not receiving their mail. Redden

met with Gafford to discuss the undelivered mail. Gafford said that he believed it

was unsafe to deliver mail to the Ressels' mailbox. Redden explained to Gafford that

the Ressels' mailbox was an established delivery location and gave Gafford "direct

orders to deliver the mail.”



The problem of undelivered mail continued. Beginning in November, Redden

met with Gafford weekly and directed him to deliver to the Ressels' mailbox. By late

February 2022, the weekly meetings turned into daily meetings. Gafford continued

to assert that the mailbox was in an unsafe location and that he could not deliver to

the mailbox. So Redden personally inspected the Ressels' mailbox and determined

that delivery was safe. Redden also contacted Gafford's union representative to

examine the location of the mailbox; the union representative likewise concluded that

delivery was safe.



The Ressels undertook two measures to determine what was happening to their

mail. In March, Karen signed up for a free service offered by the United States Postal

Service called "Informed Delivery.” The service sent e-mails to Karen notifying her

about what items were scheduled for delivery that day. Karen forwarded the e-mails

to Redden.



In early April, Karen used an Apple AirTag to track pieces of test mail. The

Apple AirTag is a global positioning system tracking device that allows a user to

track on her phone where the AirTag is located. Karen conducted a "test run” by

placing the AirTag inside an envelope and mailing it to her brother-in-law's

residence. The envelope was delivered; on her phone, Karen could see that the

AirTag was located at her brother-in-law's home.



After retrieving the AirTag, Karen placed the device in an envelope addressed

to her own residence and mailed it. She informed Redden about the plan, and he

confirmed that the post office received her test mail. Karen tracked the test mail to

an unknown address. Redden then determined that the address was Gafford's

residence.



Special Agent Becker of the Postal Service began investigating Gafford's

conduct in March 2022. Becker had been informed of Karen's test using the Apple

AirTag. He sent a "test piece” of mail addressed to the Ressel residence with a

transmitter device that Becker could use to locate the item with a receiver.

On April 12, Agent Becker coordinated with the postmaster to place the

envelope with the transmitter device into Gafford's mail tray for delivery. The tray

included two other pieces of mail for delivery to the Ressels. Karen received an e-

mail notification through Informed Delivery that she was scheduled to receive three

pieces of mail.



That morning, Agent Becker observed Gafford drive a mail delivery truck

around the post office's parking lot and stop near Gafford's personal vehicle. Becker

saw Gafford exit the mail truck and stand next to his personal vehicle for over a

minute. Gafford then reentered the mail truck and left on his delivery route. Becker

and two other agents followed Gafford throughout the day in unmarked vehicles. The

postmaster notified Becker that the Ressels did not receive their mail. Becker

checked the Ressels' mailbox and did not find any mail inside.



Agent Becker returned to the post office, and the transmitter emitted a signal.

Post office staff searched the post office and could not locate the mail. Another agent

took the receiver and stood next to Gafford's vehicle. The agent received a strong

signal from the transmitter.



After Gafford finished his route, he returned to the post office and entered his

personal vehicle. Gafford drove away, and the agents followed. The agents

continued to receive a signal from the transmitter. The agents then conducted an

investigatory stop and discovered in Gafford's glove compartment the envelope with

the transmitter and the two other pieces of mail that were addressed to the Ressels.

A grand jury charged Gafford with delay of mail, see 18 U.S.C. § 1703(a), and

embezzlement of mail, see id. § 1709. At trial, the jury found Gafford guilty on both

counts. The court sentenced Gafford to fourteen months' imprisonment on each

count, to run concurrently.

The district court* sentenced Gafford to fourteen months’

imprisonment on each count to run concurrently.



Affirmed