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Amerithrax — Part 13
Page 162
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the check: the defendant's fingerprints were on the check;
the defendant's account number was written on the back of
the check; and the payees' names were written on the
| defendant's pre-encoded deposit slip. Rivamonte, 666 F.2d
at 516-17. The court held that "a jury reasonably could
conclude that this evidence is inconsistent with every
reasonable hypothesis of appellant's innocence." Id. at 517.
Although in Richardson and Rivamonte the government
offered slightly more circumstantial evidence than was
offered at Rosario's trial, we are nevertheless convinced that
the evidence establishing that the respective defendants
had possessed the check was of primary significance in
those cases. Our conclusion is bolstered by the Eleventh
Circuit's post-Rivamonte decision in United States v.
Henderson, 693 F.2d 1028 (11th Cir. 1982). In Henderson,
the court reversed a check forgery conviction based solely
on ambiguous handwriting testimony and evidence showing
that the defendant's wife had cashed the stolen check. The
government offered no evidence that Henderson had ever
possessed the check. Distinguishing Rivamonte, the court
noted:
http://vls.law.vill.edu/locator/3d/July 997/97a1636p.htm
Page 14 of 29
9/10/2005
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