United States v. William Clinton Gardner

This is an appeal of a conviction for violation of 18 U.S.C. § 1708 , possession of stolen mail. We affirm.

On the morning of June 11, 1969, Mrs. Sterling Pillsbury placed in her mailbox for pickup by the postman a Home Savings & Loan Association pre-addressed, postage prepaid, “save-by-mail” envelope containing a passbook, a deposit slip, and two endorsed checks. The following morning appellant appeared at Home Savings, deposited the two checks to the Pillsbury account, and withdrew $7,500 — $500 in cash and a $7,000 check. Later that day he returned, stated that he was Dr. Pillsbury, and attempted to cash the $7,000 check. He was asked to wait while the manager, who knew Dr. Pillsbury, was summoned. After waiting a few moments, appellant “rushed” from the bank, leaving the cheek behind. His apprehension, indictment, and conviction followed.

Appellant argues that the evidence was insufficient to establish that he knew the matter he possessed was stolen from the mails, relying on Allen v. United States, 387 F.2d 641, 642 (5th Cir. 1968), and Webb v. United States, 347 F.2d 363, 364 (10th Cir. 1965). The government argues that it is not required to prove that appellant knew the…