10th Cir. Crim. Pattern Jury Instr. 2.68

(THIRD PARAGRAPH)

The defendant is charged in count ————— with a violation

of 1 8 U.S.C. section 1708. This law makes it a crime to possess

stolen United States mail.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant possessed stolen mail;

Second: the mail was stolen from a mail receptacle or mail

route; and

Third: the defendant knew the mail was stolen.

Mail is “stolen” when it has been wrongfully taken with the

intent to deprive the owner, temporarily or permanently, of its use

and benefit. It is not necessary that the defendant knew the

matter was stolen from the mail so long as the defendant knew

that it was stolen.