Opinion · Court of Appeals for the First Circuit

United States v. George Moran

470 F.2d 742

Type
Opinion
Court
Court of Appeals for the First Circuit
Jurisdiction
Federal
Date
1972-02-25
Topic
general

How later courts describe this case

  • “if the paper was unfinished in any significant particular, it was not yet a counterfeit”

Citator

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Cited by
11 opinions

MEMORANDUM AND JUDGMENT

PER CURIAM.

Defendant’s position, in a nutshell, on this appeal is that a jury could not find that he was “in possession [of a] counterfeited . •. obligation ... of the United States” (18 U.S.C. § 472) because the $10.00 notes, complete in every other respect, had been printed, and still remained, in sheets of six. We may agree that if the paper was unfinished in any significant particular, it was not yet a counterfeit. The jury was warranted in finding, however, that a snip with a pair of shears was too inconsequential a matter to consider significant. The paper was as readily available as it would have been had it been cut, and then tied in a package. Defendant’s point that any purchaser of the uncut sheets would have necessarily known they were not genuine is irrelevant. An illegal sale does not require the purchaser to be duped. 18 U.S.C. § 473.

The judgment of the District Court is affirmed.