United States v. George Moran

First Circuit

United States v. George Moran

470 F.2d 742, 1972 U.S. App. LEXIS 11078

CourtCourt of Appeals for the First Circuit

DecidedFebruary 25, 1972

Docket71-1113

StatusPublished

Cited by11 cases

This text of 470 F.2d 742 (United States v. George Moran) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. George Moran, 470 F.2d 742, 1972 U.S. App. LEXIS 11078 (1st Cir. 1972).

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Opinion

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.

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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.

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470 F.2d 742, 1972 U.S. App. LEXIS 11078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-george-moran-ca1-1972.

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