What is the burden of proving that a check was stolen from the mail?

In order to establish a violation of 18 U.S.C. Sec. 1708 (1976), the government must prove that matter was stolen from the mail and that the defendant possessed or received it knowing it had been stolen. However, it is not necessary to prove that the defendant knew the matter was stolen from the mail. United States v. Hines, 256 F.2d 561, 563 (2d Cir.1958).

Roglieri concedes the evidence proved that he knowingly possessed stolen checks. He asserts, however, that the evidence was insufficient to establish that the checks were stolen from the mail. In addressing this argument, we must assess the evidence in the light most favorable to the government. Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942).

The government may meet its burden as to the element of theft from the mail by proving that an item in a defendant's possession was mailed to but never received by the addressee. As we said in United States v. Lopez, 457 F.2d 396, 398 (2d Cir.), cert. denied, 409 U.S. 866, 93 S.Ct. 162, 34 L.Ed.2d 114 (1972):