U.S. Court of Appeals for the First Circuit, 1972

United States v. George Moran

United States v. George Moran
U.S. Court of Appeals for the First Circuit · Decided February 25, 1972 · Aldrich, McEntee, Coffin
470 F.2d 742; 1972 U.S. App. LEXIS 11078 (Federal Reporter, Second Series)

United States v. George Moran

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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