In the Matter of the Appeal of		) June 10, 1981
					)
 THOMAS W. OPACKI			)
 Post Office Box 502, and		)
 Post Office Box A			)
 					)
 at					)
				      	)
 Petoskey, Michigan 49770 		) P.S. Docket No. 7/88
					)
					)
 From Notice of Intent to Close Post 	)
 Office Boxes 502 and A, Petoskey, 	)
 Michigan 				)


 APPEARANCE FOR COMPLAINANT:
 Thomas A. Ziebarth, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-6100

 APPEARANCE FOR APPELLANT:
 Thomas W. Opacki
 Appellant (pro se)
 Post Office Box 502 and A
 Petoskey, MI 49770

On August 27, 1979, Respondent issued to Appellant a "Notice of Intent to Close Post Office Box" for "violation of Section 951.153 of the Domestic Mail Manual, which prohibits the use of a post office box in connection with a scheme or enterprise which violates any Federal, State or local law."

Appellant, appearing pro se, took timely appeal from such notice. The appeal letter (Sept. 5, 1979) recited Appellant's (then recent) conviction of violation of a statute prohibiting "certain restricted items being sent through the U. S. Mails," stated Appellant's belief, until such conviction, that he had not acted improperly, stated certain reasons for allowing Appellant to keep subject mail box open, and requested continuance of the hearing, initially set for October 10, 1979, until his appeal from the conviction had been decided. The matter was thereupon placed in suspense pending outcome of the appeal.

The case was reactivated and scheduled for hearing on May 27, 1981, upon advice that U. S. Supreme Court had denied Appellant's petition for a writ of certiorari seeking review of the order of the U. S. Court of Appeals for the Sixth Circuit affirming Appellant's conviction of a crime involving the use of the subject post office boxes in connection with an illegal scheme.

Appellant did not appear at the hearing. Respondent's evidence was taken and its proposed findings of fact and conclusions of law were received. The matter is ready for decision.

Respondent's witness was Postal Inspector Norville Leary Brown.

1. Appellant, Thomas W. Opacki, is the holder of Post Office Boxes 502 and A at Petoskey, Michigan (Tr. 6).

2. Appellant through advertisements placed in national publications such as The Enquirer, The Globe, and The Star offered to sell Michigan State Lottery tickets through the mails, directing inquiries to P. O. Box 502 and P. O. Box A, Petoskey, Michigan (CX-1). Following investigation of this activity by the Postal Inspection Service, including test purchases, and referral of the matter to the United States Attorney, Appellant was indicted on 36 counts of mail fraud and one count of conspiracy (18 U.S.C. § 1302) and convicted thereof on August 15, 1979 (Tr. 3-6).

On appeal, Appellant's conviction was affirmed by the U. S. Circuit Court of Appeals for the Sixth Circuit. Certiorari was thereafter denied by the U. S. Supreme Court.

3. Following Appellant's conviction Respondent issued to Appellant a notice of intent to close subject post office boxes for violation of Section 951.153 of the Domestic Mail Manual, prohibiting use of post office mail boxes in connection with and in furtherance of a scheme which violates a Federal law. Appellant took timely appeal from such notice.

1. Appellant violated Section 951.153 of the Domestic Mail Manual by using subject post office boxes in connection with a scheme or enterprise which violates a Federal law.

2. The notice of intent to close subject boxes for such violation, dated August 27, 1979, was properly issued.

3. Subject post office boxes should be closed.