Beam v. United States
Decision Date | 03 August 1966 |
Docket Number | No. 16615.,16615. |
Citation | 364 F.2d 756 |
Parties | Charles Frederick BEAM, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
Charles F. Beam, in pro. per.
Merle M. McCurdy, U. S. Atty., Nathaniel R. Jones, Asst. U. S. Atty., Cleveland, Ohio, for appellee.
Before PHILLIPS and EDWARDS, Circuit Judges, and CECIL, Senior Circuit Judge.
Appellant appeals from a denial of a motion to vacate sentence. He had previously been convicted on his plea of guilty to three counts charging violations of 18 U.S.C. § 2314 (1964).
Section 2314 reads:
Specifically appellant herein had been charged with transporting in interstate commerce certain falsely made, forged and counterfeit securities, to wit, "credit sales invoices" of the Esso Company and Standard Oil Company of Ohio. Examination of the indictment in the original case shows that the "credit sales invoices" involved are the sales slips which a holder of an oil company credit card is required to sign in making a purchase. Beam was charged with falsely and fraudulently signing another man's name to three such slips while illegally using his credit card.
Appellant pled guilty to all three counts of the indictment. He was sentenced on March 15, 1963, to five years in the federal penitentiary on each count, with the sentences to run concurrently.
The current § 22551 proceedings were instituted by appellant after the Ninth Circuit had held in Barack v. United States, 317 F.2d 619 (C.A. 9, 1963), that charge vouchers, such as those signed by holders of credit cards, were not "securities" within the meaning of 18 U.S.C. § 2314. The District Judge, noting that the Ninth Circuit also had held that under certain circumstances such vouchers might be certificates of indebtedness within the meaning of the statute, depending upon the facts as proved, denied relief in the § 2255 proceeding on the ground that such an attack could not be made in a collateral proceeding.
Since that date the Fifth Circuit has considered this same problem in a carefully reasoned opinion by District Judge Joe Estes, Merrill v. United States, 338 F.2d 763 (C.A. 5, 1964). In this case the court said:
Decisions by Courts of Appeals and District Courts have divided on the question dealt with here. In general accord with the Merrill and Barack view we find: United States v. Jones, 182 F. Supp. 146 (W.D.Mo., 1960); United States v. Fordyce, 192 F.Supp. 93 (S.D. Cal., 1961); United States v. Young, 210 F.Supp. 640 (W.D.Mo., 1962); United States v. Malone, 231 F.Supp. 174 (S.D.Texas, 1964); United States v. Crouch, 224 F.Supp. 969 (D.Del., 1963).
Contra we find: Lewis v. United States, 301 F.2d 787 (C.A. 10, 1962); Ingling v. United States, 303 F.2d 302 (C.A. 9, 1962); Williams v. United States, 192 F.Supp. 97 (S.D.Cal., 1961); United States v. Rhea, 199 F.Supp. 301 (W.D.Ark., 1961); United States v. Mingo, 217 F.Supp. 729 (M.D.Fla., 1963).
Recently this same problem has been considered by Judge William Miller in the ...
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United States v. Canton
...credit card are required to sign in making a purchase, are not securities for the purposes of § 2311 and § 2314, Beam v. United States, 364 F.2d 756, 759 (6 Cir. 1966); Barack v. United States, 317 F.2d 619 (9 Cir. In the light of New York state's own interpretation of the legal attributes ......
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United States v. Sparrow, 72-1468.
...See Sinclair v. Turner, 447 F.2d 1158 (10th Cir. 1971), cert. denied, 405 U.S. 1048, 92 S.Ct. 1329, 31 L.Ed.2d 590. 4 Beam v. United States, 364 F.2d 756 (6th Cir. 1966); Merrill v. United States, 338 F.2d 763 (5th Cir. 1964), cert. denied, 386 U.S. 994, 87 S.Ct. 1311, 18 L.Ed.2d 5 "`Securi......
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United States v. Jones, 71-1409.
...United States v. Jones, 182 F.Supp. 146 (W.D.Mo.1960); United States v. Crouch, 224 F.Supp. 969 (D.C.Del.1964). In Beam v. United States, 364 F.2d 756 (CA 6 1966) the Sixth Circuit held that the term "securities" was used by Congress "to refer to forms of negotiable instruments which in the......
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United States v. Rosenthal
...on which defendant relies relate to sales slips for credit card purchases. These were held not to be securities in Beam v. United States, 364 F.2d 756 (6th Cir. 1966), and Merrill v. United States, 338 F.2d 763 (5th Cir. 1964), cert. denied, 386 U.S. 994, 87 S.Ct. 1311, 18 L.Ed.2d 340 (1967......