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United States v. Russell Garner

UNITED STATES of America, Plaintiff-Appellee, v. Russell GARNER, Defendant-Appellant

United States v. Garner, 468 F.2d 914 (9th Cir. 1972)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
November 6, 1972
Docket
No. 72-2239
Judges
Chambers, Trask, Byrne
Citations
468 F.2d 9141972 U.S. App. LEXIS 6858

Opinion — Per Curiam

PER CURIAM:

Appellant was found guilty by a jury on three counts for interstate transportation of falsely made and forged travelers checks in violation of 18 U.S.C. § 2314 . His sentences were made to run concurrently on the three counts.

The evidence is sufficient to support the jury’s determination that the *915 appellant knowingly and willfully presented and received payment for forged checks in one state drawn on a bank in another state and that he caused the checks to move in interstate commerce as his acts were done with knowledge that the use of the mails would follow in the ordinary course of business. United States v. Kenofskey, 243 U.S. 440 , 37 S.Ct. 438 , 61 L.Ed. 836 (1917); United States v. Sheridan, 329 U.S. 379 , 67 S.Ct. 332 , 91 L.Ed. 359 (1946); United States v. Masters, 456 F.2d 1060 (C.A.9, 1972).

The short answer to appellant’s . argument that he was sentenced on three counts when he was actually convicted of one offense, is that his sentences are to run concurrently and that his conviction on one count is sufficient to sustain the sentence. Hirabayashi v. United States, 320 U.S. 81, 105 , 63 S.Ct. 1375 , 87 L.Ed. 1774 (1943).

Affirmed.

How later courts describe this case

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

1973: 119732026peak 1973 · 1

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
Hirabayashi v. United States, 320 U.S. 81 (1943) 696
United States v. Sheridan, 329 U.S. 379 (1947) 127
United States v. Kenofskey, 243 U.S. 440 (1917) 107
United States v. Masters, 456 F.2d 1060 (9th Cir. 1972) 12

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