Stemmons

MEMORANDUM ***

Appellant Terry L. Stemmons (“Appellant”) appeals from his conviction of three counts of Possession of Stolen Mail in violation of 18 U.S.C. § 1708 . Stemmons contends that there was insufficient evidence to prove that the mail was stolen from an authorized U.S. postal mailbox. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*602 There is sufficient evidence to support a conviction if “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (emphasis in original) (citation omitted); United States v. Odom, 329 F.3d 1032, 1034 (9th Cir.2003).

To obtain a conviction for violating 18 U.S.C. § 1708 , “[t]he government does not need to prove that the [items] were taken from a ‘mail receptacle ... or other authorized /mail/ depository.’ All the government needs to prove is that the [items] possessed by [the defendant] had been stolen from the mail....” Wade v. United States, 457 F.2d 335, 337 (9th Cir.1972) (italicized brackets indicate alteration…