Federal Circuits, 2nd Cir. (August 02, 1988)
Docket number: 88-1058
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Id. vLex: VLEX-37218581
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Robert E. Precht, The Legal Aid Soc., Federal Defender Services Unit, New York City, for appellant.
David R. Lewis, Asst. U.S. Atty. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Celia Goldwag Barenholtz, Asst. U.S. Atty., of counsel), for appellee.Before OAKES, MESKILL and PIERCE, Circuit Judges.PER CURIAM:Harry Hopkins appeals his conviction on two counts of passing, with intent to defraud, a United States Treasury check carrying a forged endorsement in violation of 18 U.S.C. Sec . 510(a)(2) (Supp. IV 1986), after a jury trial before the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge. Hopkins claims that the district court erred in failing to instruct the jury on the issue of knowledge, arguing that the court should have instructed the jury that in order to convict it was required to find that Hopkins knew the endorsements on the checks were forged.The checks in question had been stolen and their endorsements forged before Hopkins received them. Hopkins then passed them on to an associate, who paid Hopkins for the checks and deposited them in corporate bank accounts. The district court instructed the jury that it must find that the defendant had acted with the intent to defraud, and the jury found Hopkins guilty on two of the nine counts charged in the indictment. Because we find no error in the charge given, we affirm.DISCUSSIONAs Hopkins did not request an instruction on specific knowledge, or object to the charge as given, we may reverse only if the district court committed "plain error." See United States v. Grossman, 843 F.2d 78, 86 (2d Cir.1988); United States v. Arocena,Try vLex for FREE for 3 days
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