UNITED STATES v. JOHNSON

No. 24819.

434 F.2d 827 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Arley JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 9, 1970.


Attorney(s) appearing for the Case

Dennis L. Boaz (argued), Legal Dept., AC Transit, Oakland, Cal., Robert Arley Johnson, for the defendant-appellant.

Gregory E. Fischbach (argued), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David Nissen, Chief, Criminal Div., David P. Curnow, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY and MERRILL, Circuit Judges, and THOMPSON, District Judge.


THOMPSON, District Judge:

Appellant Johnson was convicted of two charges. Count I alleged fraudulent uttering and passing of one $10 and one $5 counterfeit Federal Reserve Notes. Count II alleged possession with intent to defraud of two $5 and one $20 counterfeit Federal Reserve Notes. Concurrent sentences were imposed under the two counts.

It is important to observe that both charges were drawn under 18 U.S.C. §

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