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United States v. Joyce Arlena Hill

UNITED STATES of America, Plaintiff-Appellee, v. Joyce Arlena HILL, A/K/A Marion Kirk, A/K/A Janet Davenport, Defendant-Appellant

United States v. Hill, 468 F.2d 899 (5th Cir. 1972)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 2, 1972
Docket
No. 72-2308
Judges
Gewin, Ainsworth, Simpson
Citations
468 F.2d 8991972 U.S. App. LEXIS 6897

Opinion — Per Curiam

PER CURIAM:

Appellant was convicted of having transported and caused to be transported in interstate commerce a falsely made and forged bank check, in violation of 18 U.S.C. § 2314 . Her contention on appeal is that since there was no proof that she personally transported in interstate commerce the check in question there was no federally cognizable offense and the Court was without jurisdiction to convict.

Appellant’s contention is without merit. The law is well settled that the interstate commerce requirement of 18 U.S.C. § 2314 is satisfied when a person knowingly cashes a fraudulent check in one state drawn on a bank in another state. Pereira v. United States, 347 U.S. 1 , 74 S.Ct. 358 , 98 L.Ed. 435 (1954); Rickey v. United States, 5 Cir., 1957, 242 F.2d 583 ; Hubsch v. United States, 5 Cir., 1958, 256 F.2d 820 ; United States v. Webb, 5 Cir., 1971, 443 F.2d 308 . This is exactly what the Government proved — appellant knowingly cashed a forged check in Texas, which check had been drawn on a bank in Tennessee.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1974: 11975: 31977: 11978: 11986: 119742026peak 1975 · 3

Relies on it most ⓘ

  1. United States v. Marvin Ruell Poole557 F.2d 531 (5th Cir. 1977)
  2. United States v. Herman Franks, (Two Cases)511 F.2d 25 (6th Cir. 1975)
  3. United States v. David Goudy and Cynthia King792 F.2d 664 (7th Cir. 1986)
  4. United States v. Howard Lee White524 F.2d 1249 (5th Cir. 1975)
  5. United States v. Michael Matthew Roby499 F.2d 151 (10th Cir. 1974)
  6. United States v. Raymond Leon Belle516 F.2d 578 (8th Cir. 1975)

Most recent

  1. United States v. David Goudy and Cynthia King792 F.2d 664 (7th Cir. 1986)
  2. United States v. Vial Joseph Blanke, Jr.572 F.2d 543 (5th Cir. 1978)
  3. United States v. Marvin Ruell Poole557 F.2d 531 (5th Cir. 1977)
  4. United States v. Howard Lee White524 F.2d 1249 (5th Cir. 1975)
  5. United States v. Herman Franks, (Two Cases)511 F.2d 25 (6th Cir. 1975)
  6. United States v. Raymond Leon Belle516 F.2d 578 (8th Cir. 1975)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Pereira v. United States, 347 U.S. 1 (1954) 1,352
Hubsch v. United States, 256 F.2d 820 (5th Cir. 1958) 41
Rickey v. United States, 242 F.2d 583 (5th Cir. 1957) 13
United States v. Webb, 443 F.2d 308 (5th Cir. 1971) 3

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