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572 F.2d 543

Docket No. 77-5695.

United States v. Blanke

Fifth Circuit Court of Appeals

Decided May 5, 1978.

Fifth Circuit Court of Appeals · decided 1978-05-05

Cited by 1 later decisions — most recently May 1978

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2314

Relies on Pereira v. United States · United States v. Peoni · In re Disbarment of Gately

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1978-05-05

View the full empirical analysis of this case →

¶1Julian R. Murray, Jr., New Orleans, La. (Court-appointed), for defendant-appellant.

¶2John P. Volz, U. S. Atty., Irving J. War-shauer, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

¶3Before WISDOM, THORNBERRY and RUBIN, Circuit Judges.

¶4PER CURIAM:

¶5Joseph Blanke and a confederate forged checks drawn on an out-of-state bank. They sold these checks to Lawrence, who thought that the checks were genuine but had been stolen. Lawrence cashed the checks.

¶6We hold that Blanke caused the checks to be transported in interstate commerce as required by 18 U.S.C. § 2314. Blanke could foresee that the checks would be cashed and sent through interstate commerce. See, e. g., Pereira v. United States, 1954, 347 U.S. 1, 74 S.Ct. 358, 98 L.Ed. 435; United States v. Hill, 5 Cir. 1972, 468 F.2d 899. United States v. Peoni, 2 Cir. 1938, 100 F.2d 401 (L. Hand, J.), is not to the contrary. In Peoni, the defendant sold counterfeit bills for a fixed price to someone who, in turn, sold *544the bills to a third person. Judge Learned Hand, for the court, held that the defendant was not responsible for the possession of the bills by the third person. He left open the possibility that the defendant would be responsible for possession by the original buyer. Lawrence was the original buyer from Blanke. Accord, United States v. Campisi, 2 Cir. 1962, 306 F.2d 308, cert. denied, 371 U.S. 920, 83 S.Ct. 287, 9 L.Ed.2d 229.

¶7AFFIRMED.

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