United States v. Paul Louis Birnstihl

Appellant, Paul Louis Birnstihl, seeks reversal of his conviction for violating 18 U.S.C. § 1708 (mail theft), arguing that the Government failed to prove the elements of the offense for which he was indicted.

Birnstihl was arrested in January of 1970 attempting to charge merchandise to a credit card that was not his own. He also had possession of two credit cards in the name of Mr. and Mrs. Steven Gubics. The Gubics never received the cards that had been mailed to their former residence. The Gubics had left a proper forwarding address. Birnstihl was indicted under 18 U.S.C. § 1708 for possession of goods stolen from the mail. He was tried before a judge sitting without a jury and was convicted. This appeal followed.

To carry its burden under section 1708, the Government had to prove that the credit cards were stolen while the mail was in the possession of the post office or in a mail receptacle. If the mail had already been received by the addressee, or if it were misdelivered to one who did not form the intent to steal it until after he had lawfully removed the mail from its receptacle, there is no violation of section 1708. (Allen v. United States (5th Cir. 1968) 387 F.2d 641…