United States v. Daniel William

MEMORANDUM

Daniel William appeals his conviction after a jury trial for mail theft and possession of stolen mail under 18 U.S.C. § 1708 , for which he was sentenced to five years of probation and three months of imprisonment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

1. The district court improperly instructed the jury in a manner that permitted the inference that an element of the crime, which the government was required to prove beyond a reasonable doubt, had been fulfilled. “When, as here, a defendant objects to an instruction at trial, we review the district court’s formulation of the instructions for an abuse of discretion.” United States v. Warren, 25 F.3d 890, 898 (9th Cir.1994).

To establish mail theft under 18 U.S.C. § 1708 , the government was required to prove beyond a reasonable doubt that it was William’s intent to “deprive the owner temporarily or permanently of [the letter’s] use and benefit.” The district court’s instruction that the jury may infer that William stole the letter if it was “properly addressed and recently mailed,” “never received by the addressee,” and “found in [his] possession,” relieved the government of its burden to…