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U.S. v. ORR

Nos. 90-5055, 90-5059.

932 F.2d 330 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Otis ORR, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Eugene Ellsworth ELKINS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1991.

Attorney(s) appearing for the Case

Stanford Kent Clontz, argued, Baley, Baley & Clontz, Asheville, N.C., for defendant-appellant Elkins.

Stephen Paul Lindsay, argued, Moore, Lindsay & True, Asheville, N.C., for defendant-appellant Orr.

Jerry Wayne Miller, Asst. U.S. Atty., argued (Thomas J. Ashcraft, U.S. Atty., on brief), Asheville, N.C., for plaintiff-appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and MacKENZIE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

On October 23, 1987, defendant, Eugene Elkins, using a false name and false driver's license for identification, opened a checking account in the name of "Eugene Rogers" at the First Union National Bank in Weaverville, North Carolina.1 The bank clerk has testified that in opening the account, Elkins was alone, that defendant Orr was not present. Elkins deposited $1,000 in the new account. In the next day or so,...

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