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United States v. Garner

United States Court of Appeals, Ninth Circuit
Nov 6, 1972
468 F.2d 914 (9th Cir. 1972)

Opinion

No. 72-2239.

November 6, 1972.

Oscar B. Goodman, of Goodman Snyder, Ltd., Las Vegas, Nev., for defendant-appellant.

Joseph L. Ward, U.S. Atty., Lawrence J. Semenza, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Appeal from the United States District Court for the District of Nevada.

Before CHAMBERS and TRASK, Circuit Judges, and BYRNE, Senior District Judge.

Honorable William M. Byrne, Sr., United States Senior District Judge, Central District of California, sitting by designation.


Appellant was found guilty by a jury on three counts for interstate transportation of falsely made and forged travelers checks in violation of 18 U.S.C. § 2314. His sentences were made to run concurrently on the three counts.

The evidence is sufficient to support the jury's determination that the appellant knowingly and willfully presented and received payment for forged checks in one state drawn on a bank in another state and that he caused the checks to move in interstate commerce as his acts were done with knowledge that the use of the mails would follow in the ordinary course of business. United States v. Kenofskey, 243 U.S. 440, 37 S.Ct. 438, 61 L.Ed. 836 (1917); United States v. Sheridan, 329 U.S. 379, 67 S.Ct. 332, 91 L.Ed. 359 (1946); United States v. Masters, 456 F.2d 1060 (C.A. 9, 1972).

The short answer to appellant's argument that he was sentenced on three counts when he was actually convicted of one offense, is that his sentences are to run concurrently and that his conviction on one count is sufficient to sustain the sentence. Hirabayashi v. United States, 320 U.S. 81, 105, 63 S.Ct. 1375, 87 L.Ed. 1774 (1943).

Affirmed.


Summaries of

United States v. Garner

United States Court of Appeals, Ninth Circuit
Nov 6, 1972
468 F.2d 914 (9th Cir. 1972)
Case details for

United States v. Garner

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. RUSSELL GARNER…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 6, 1972

Citations

468 F.2d 914 (9th Cir. 1972)

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