Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Amerithrax — Part 13
Page 165
165 / 189
to.a different conclusion than the wun here.
Nevertheless, we cannot say that there was insufficient
evidence to support the jury's verdict. Accordingly, we
affirm Rosario's conviction.
Rosaris's statements to Rios served to deceive him into believing that she
had unwittingly passed the forged check. After all, it certainly served
Rosario's interests for Rios to believe the check transaction was
legitimate because Rios may have been less willing to cash the check
had he known it was stolen.
10
NYGAARD, Circuit Judge, dissenting.
The government argues that the combination of wholly
ambiguous testimony from a handwriting expert and
equivocal testimony from a witness receiving favorable
treatment from the government is sufficient to support the
conviction of Altigraci Rosario for passing a United States
Treasury check. The majority accepts this argument. | do
not; hence, | dissent.
To convict Rosario of check forgery under 18 U.S.C.
§ 510(a)(2), the government was required to prove four
elements beyond a reasonable doubt: (1) that the check
http://vls.law.vill.edu/locator/3d/July1 997/97a1636p.htm -
Page 17 of 29
5/10/2005
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Reader
Topic
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
investigation
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic