United States v. Eddie Upshaw

GODBOLD, Circuit Judge:

Morris Davis, Louis Bethune and Eddie Upshaw were convicted by a jury of conspiracy to transmit forged instruments in interstate commerce, 18 U.S.C. § 371, and Bethune and Upshaw of actually transmitting forged instruments in interstate commerce, 18 U.S.C. § 2314. We affirm as to Upshaw and reverse as to Davis and Bethune.

We summarize briefly the background facts in the light most favorable to the Government. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1941). Defendant Bethune told Frederick Mclver, then on parole for robbery, of a scheme with…