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528 F.2d 381

Docket No. 75-3009.

United States v. Willis

Ninth Circuit Court of Appeals

Decided Jan. 12, 1976.

Ninth Circuit Court of Appeals · decided 1976-01-12

Cited by 9 later decisions — most recently January 1980

9 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 1341 (White-Collar Crime Penalty Enhancement Act of 2002) · 18 U.S.C. § 2314

Relies on United States v. Maze

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1976-01-12

View the full empirical analysis of this case →

¶1Jerome S. Stanley, Sacramento, Cal., for defendant-appellant.

¶2Bruce Babcock, Jr., Asst. U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

¶4OPINION

¶5Before CHOY and KENNEDY, Circuit Judges, and WONG,* District Judge.

¶6PER CURIAM:

¶7On stipulated facts, Defendant was found guilty of interstate transportation of a forged security. We affirm.

¶8He 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.)

¶9Here the essential stipulated facts were that Willis knowingly and fraudu*382lently 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.

¶10The 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.

¶11All § 2314 requires is that Defendant either transport or cause to be transported in interstate commerce the forged security knowing it was forged.

¶12Affirmed.

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