UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOYCE ARLENA HILL, A/K/A MARION KIRK, A/K/A JANET DAVENPORT, DEFENDANT-APPELLANT
PER CURIAM:
Appellant was convicted of having transported and caused to be transported in interstate commerce a falsely made and forged bank check, in violation of 18 U.S.C. § 2314. Her contention on appeal is that since there was no proof that she personally transported in interstate commerce the check in question there was no federally cognizable offense and the Court was without jurisdiction to convict.
Appellant’s contention is without merit. The law is well settled that the interstate commerce requirement of 18 U.S.C. § 2314 is satisfied when a person knowingly cashes a fraudulent check in one state drawn on a bank in another state. Pereira v. United States, 347 U.S. 1, 74 S.Ct. 358, 98 L.Ed. 435 (1954); Rickey v. United States, 5 Cir., 1957, 242 F. 2d 583; Hubsch v. United States, 5 Cir., 1958, 256 F. 2d 820; United States v. Webb, 5 Cir., 1971, 443 F. 2d 308. This is exactly what the Government proved — appellant knowingly cashed a forged check in Texas, which check had been drawn on a bank in Tennessee.
Affirmed.
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United States v. Franks, 511 F.2d 25 (6th Cir. 1975)
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United States v. Goudy, 792 F.2d 664 (7th Cir. 1986)
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United States v. White, 524 F.2d 1249 (5th Cir. 1975)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Pereira v. United States, 347 U.S. 1 (U.S. 1954)
- Hubsch v. United States, 256 F.2d 820 (5th Cir. 1958)
- Rickey v. United States, 242 F.2d 583 (5th Cir. 1957)
- United States v. Webb, 443 F.2d 308 (5th Cir. 1971)