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UNITED STATES v. GAINES

No. 725, Docket 35194.

460 F.2d 176 (1972)

UNITED STATES of America, Appellee, v. Charles GAINES, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 3, 1972.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y. (John A. Lowe and William B. Gray, Asst. U. S. Attys., on the brief), for appellee.

Henry F. Minnerop, New York City, for appellant.

Before HAYS and FEINBERG, Circuit Judges, and CURTIN, District Judge.

HAYS, Circuit Judge:

Appellant was convicted after a jury trial of unlawfully uttering (Count I) and unlawfully possessing (Count II) counterfeit Federal Reserve notes in violation of 18 U.S.C. § 472 (1970). Appellant was sentenced to prison terms of four years on each count, the sentences to run concurrently. The uncontradicted evidence introduced at the trial established the following facts:

At about 6 P.M. on August 23, 1969, the manager of a dry cleaning...

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