The Ninth Circuit has held that possession of stolen mail constitutes an aggravated felony as a theft-related offense with a sentence imposed of one year or more.[193]  However, a plea to 18 U.S.C. § 1703(b), second paragraph, which punishes anyone who “without authority, opens, or destroys any mail or package of newspapers not directed to him. . . .” should not be considered an aggravated felony theft offense, or a crime of moral turpitude, because the offense does not have as an element any intent to steal.  The minimum conduct required to violate the statute is merely opening a letter addressed to another. 

 

            Additionally, although case law has established that this statute is not violated without some “unlawful purpose,”[194] there is no requirement that the offense be committed with intent to commit theft or fraud.  Since any “unlawful” purpose would seem to suffice, the offense would be considered a CMT only if the record of conviction clearly showed that the underlying unlawful purpose was itself morally turpitudinous.  See § § 7.114, 7.120, supra.

[193] Randhawa v. Ashcroft, 298 F.3d 1148 (9th Cir. Aug 13, 2002) (federal conviction for possession of stolen mail, in violation of 18 U.S.C. § 1708, held to be an “aggravated felony” triggering deportation, since the full range of conduct prohibited by the criminal statute fell within the aggravated felony definition of a “theft offense” under INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G)).

[194] United States v. Costello, 255 F.2d 876 (2d Cir.), 255 F.2d 876, cert. denied, 357 U.S. 937 (1958).

Other

SAFE HAVEN - FAILURE TO REPORT CASH WHEN LEAVING UNITED STATES
The offense of failing to file a report when carrying more than a certain amount of currency out of the United States, in violation of 31 USC 5316 and 5322 and 31 CFR 103.23, does not appear to constitute a CMT or aggravated felony conviction.