United States v. Charles E. Beshers

437 F.2d 450, 1971 U.S. App. LEXIS 12465

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 8, 1971
• Docket: 26065_1
• Status: Published

Opinion

PER CURIAM:

Appeal by Charles E. Beshers from a judgment convicting him of transporting in interstate commerce a forged check. (18 U.S.C. § 2314).

Neither of his two contentions has merit: the proposition is settled that securing written exemplars of handwriting from an accused does not constitute a violation of his Fifth Amendment right against self-incrimination. Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 (1967); likewise, as this and other circuits have consistently held, “causing” the interstate transportation of a forged security (knowing the same to be forged) is a violation of 18 U.S.C. § 2314. Baty v. United States, 275 F.2d 310 (9th Cir. 1960); Amer v. United States, 367 F.2d.803 (8th Cir. 1966); Halfen v. United States, 324 F.2d 52 (10th Cir. 1963); Cf. Pereira v. United States, 347 U.S. 1, 74 S.Ct. 358, 98 L.Ed. 435 (1954).

Affirmed.