United States v. Alvin Willis, Jr.

OPINION Before CHOY and KENNEDY, Circuit Judges, and WONG, * District Judge.

PER CURIAM:

On stipulated facts, Defendant was found guilty of interstate transportation of a forged security. We affirm.

He contends here that United States v. Maze, 414 U.S. 395 , 94 S.Ct. 645 , 38 L.Ed.2d 603 (1974) bars his conviction because the fruition of the alleged scheme occurred after the mails were utilized. (In Maze , a case under the mail fraud statute, 18 U.S.C. § 1341 , the mailing occurred after the fraud was consummated so the Court held that the use of the mails had not been “for the purpose of executing such [fraudulent] scheme or artifice” as the statute required.)

Here the essential stipulated facts were that Willis knowingly and fraudu *382 lently deposited a forged $12,500 check drawn on a Texas bank in his California bank account knowing that the signature of the drawer was forged; and that Willis drew the money after the forged check cleared the Texas bank.

The rule of Maze is inapposite here. Its application is restricted to mail fraud cases — the mail fraud statute’s peculiar language, i. e. that use of the mails be for the purpose of executing a fraudulent scheme, is not present in 18 U.S.C. § 2314 , the statute under which Willis was convicted.

All § 2314 requires is that Defendant either transport or cause to be transported in interstate commerce the forged security knowing it was forged.

Affirmed.