United States v. Smith, 19978.
| Citation | 426 F.2d 275 |
| Decision Date | 04 May 1970 |
| Docket Number | No. 19978.,19978. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Eddie Daniel SMITH, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
James E. Wells (Court-Appointed) Detroit, Mich., for defendant-appellant.
Ralph B. Guy, Jr., Chief Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellee; James H. Brickley, U. S. Atty., Detroit, Mich., on brief.
Before PHILLIPS, Chief Judge, and CELEBREZZE and McCREE, Circuit Judges.
Appellant was charged in a six-count indictment with transporting in interstate commerce, with unlawful intent, falsely made, forged and altered securities, knowing the same to have been falsely made, forged and altered, in violation of 18 U.S.C. §§ 2314 and 2. He was convicted by a jury and was sentenced to seven years in prison on each count, the sentences to run concurrently.
The primary issue on appeal is whether the acts proved by the Government constitute an offense within the meaning of 18 U.S.C. § 2314. That section provides, in pertinent part:
Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce any falsely made, forged, altered, or counterfeited securities or tax stamps, knowing the same to have been falsely made, forged, altered, or counterfeited; * * * shall be guilty of an offense.
The evidence proffered by the Government established that a number of blank money orders and some machines used to validate the orders with an agent's symbol were stolen during the civil disorder in Detroit in 1967. A few months after the thefts, appellant began to cash some of the stolen money orders. In each instance appellant's name had been inserted in the blank provided for the name of the payee and he cashed the money orders by endorsing his true name. In addition to appellant's name, an agent's symbol, an amount and sender's name had been inserted in the appropriate blanks on the money orders.
Appellant contends that the insertion of the necessary information into the blank portions of the money orders does not constitute falsely making, forgoing and altering within the meaning of 18 U.S.C. § 2314. He relies on Gilbert v. United States, 370 U.S. 650, 82 S.Ct. 1399, 8 L.Ed.2d 750 (1962), where a tax accountant cashed income tax refund checks of two clients by endorsing the clients' names and then writing "R. Milo Gilbert, Trustee" below the endorsement. The Supreme Court held that a false representation of agency authority is not a forgery, since the "falsity lies in the representation of facts, not in the genuineness of execution." 370 U.S. at 658, 82...
To continue reading
Request your trial
-
United States v. Roby
...v. United States, 402 F.2d 434, 437 (10th Cir. 1968). See also United States v. Boone, 470 F.2d 908 (4th Cir. 1972); United States v. Smith, 426 F.2d 275 (6th Cir. 1970); Cloud v. United States, 361 F.2d 627 (8th Cir. Fully recognizing the damning nature of the testimony by a grocery store ......
-
United States v. Bedgood, 71-2946 Summary Calendar.
...401 U.S. 980, 91 S.Ct. 1213, 28 L.Ed.2d 331 (1971).1 See also Castle v. United States, 5 Cir., 1961, 287 F.2d 657; United States v. Smith, 6 Cir., 1970, 426 F.2d 275, 276. Cf. United States v. DiPietto, 7 Cir., 1968, 396 F.2d 283. There is sufficient evidence in the record to support Bedgoo......
-
U.S. v. Simpson
...United States v. Bedgood, 453 F.2d 988 (5th Cir.) (name and signature of payee on money orders forged); United States v. Smith, 426 F.2d 275 (6th Cir. 1970) (per curiam), cert. denied, 400 U.S. 868, 91 S.Ct. 110, 27 L.Ed.2d 107 (1971) (agent's symbol, amount, sender's name, payee's name and......
-
U.S. v. Sailor
...of the necessary information on the blank money orders constituted a false making within the meaning of the statute." United States v. Smith, 426 F.2d 275, 276 (6th Cir.), cert. denied, 400 U.S. 868 (1970). Jury Instruction No. 13 was therefore As to Jury Instruction No. 21, defendant argue......