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UNITED STATES v. CALA

No. 1078, Docket 75-1043.

521 F.2d 605 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph CALA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 23, 1975.

Attorney(s) appearing for the Case

David Gerald Jay, Buffalo, N. Y., for defendant-appellant.

Roger P. Williams, Asst. U. S. Atty. (Richard J. Arcara, U. S. Atty., for the Western District of New York, Buffalo, N. Y., of counsel), for plaintiff-appellee.

Before CLARK, Associate Justice, and HAYS and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Joseph Cala was convicted after a jury trial of conspiracy, 18 U.S.C. § 371, to transfer counterfeit currency in violation of 18 U.S.C. § 473. His principal contention on this appeal is that by reason of his prior acquittal in an earlier trial on charges of possessing the same counterfeit currency with intent to defraud, 18 U.S.C. § 472, the government was collaterally estopped in the present prosecution from proving his intent...

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