United States v. Restrepo, 26494.
| Decision Date | 03 November 1969 |
| Docket Number | No. 26494.,26494. |
| Citation | 417 F.2d 927 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Luis Alberto Majia RESTREPO, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Gino P. Negretti, Miami, Fla., for defendant-appellant.
William A. Meadows, Jr., U. S. Atty., Robert L. Steuer, Asst. U. S. Atty., Theodore Klein, Miami, Fla., for plaintiff-appellee.
Before GOLDBERG, DYER and CARSWELL, Circuit Judges.
Appellant was convicted of transporting a forged security in interstate commerce in violation of 18 U.S.C.A. § 2314 and with unlawfully possessing and concealing stolen travelers checks in violation of 18 U.S.C.A. § 2113(c). We affirm.
Appellant contends that his motion for judgment of acquittal on Count I (transporting a forged security) was erroneously denied because there was no evidence that he or anyone else forged a security. If, taking the view most favorable to the government, a reasonably-minded jury could accept the relevant and admissible evidence as adequate and sufficient to support a conclusion of guilt beyond a reasonable doubt, the denial of a motion for judgment of acquittal is proper. Sanders v. United States, 5 Cir. 1969, 416 F.2d 194; Jones v. United States, 5 Cir. 1968, 391 F.2d 273; Weaver v. United States, 5 Cir. 1967, 374 F. 2d 878; Stephens v. United States, 5 Cir. 1965, 354 F.2d 999; Lambert v. United States, 5 Cir. 1958, 261 F.2d 799. In the case sub judice there is evidence in the record from which the jury could reasonably have concluded that the security was forged. The vice president of the First National Bank of Miami identified the appellant, to the best of his recollection, as the man who came to him and signed the name "John J. U. Arrien" to the draft which formed the basis of Count I. In addition, Arrien himself testified that the signature was false and was not his.
Appellant urges as error in his conviction on Count II (possessing and concealing stolen travelers checks) the introduction into evidence of a previous crime committed by him. He contends that such evidence prejudicially showed him as a forger and passer of bad checks.
On the day he was arrested appellant attempted to pay for merchandise at a men's store with an American Express Travelers Check. A store employee noticed a discrepancy in the spelling of the signatures at the top and bottom of the travelers check and the police were called. Upon arriving, the police placed appellant under arrest and searched him....
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