United States v. Wallace Bruce Patterson

Wallace Bruce Patterson appeals his conviction for possession of material stolen from the mail in violation of 18 U.S.C. § 1708 . Because we find the material was not stolen from the mail, we reverse.

I. BACKGROUND

On January 5, 1979, a police officer stopped Patterson, near the San Francisco YMCA, for being under the influence of narcotics. The officer discovered two United States Treasury checks in Patterson’s possession. These checks were made payable and addressed to:

Patterson was indicted in two counts for possession of stolen mail matter in violation of 18 U.S.C. § 1708 . At trial, he admitted that he possessed the checks and that he knew they were stolen. He argued, however, that the checks were not stolen from the mail.

The trial court, although recognizing that it was a close question, reasoned that the hotel’s process for handling mail represented an extension of postal activity. The court noted the hotel’s long-standing, organized system for prompt sorting of the mail, and that mail addressed to nonguests of the hotel was held in segregated receptacles for immediate delivery to the addressee or eventual return to the sender. The court therefore concluded that all…