Mapalo

MEMORANDUM **

Defendant Ardel Zabala Mapalo (“Mapalo”), was charged with, inter alia, unlawful possession of stolen mail in violation of 18 U.S.C. § 1708 . Mapalo moved to dismiss the indictment on the ground that it failed to allege necessary elements of the crimes charged. The District Court denied his motion. On appeal, Mapalo once again asserts that the possession of stolen mail count in the indictment failed to allege the element of criminal intent. 1 Because the language of the indictment adequately incorporated a mens rea requirement, we affirm.

I.

This case arises out of the government’s investigation of an organized mail theft ring known as “The Circulation.” In April 2001, law enforcement officers received a tip that a Circulation member was staying at a particular motel in Los Angeles, California. When they knocked at the motel room door, Mapalo answered, identified himself as Murtaza Ali, and permitted the officers to search the room. During the search, officers located numerous pieces of stolen mail, as well as papers containing the personal identifying information of other individuals.

On April 24, 2001, a grand jury returned an indictment charging Mapalo with:…