Legal Opinion

United States v. Jimmy Dale Barrett

Court of Appeals for the Tenth Circuit

Decided January 27, 1988No. 86-1970PublishedCited by 13 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

The sole issue in this appeal is whether a defendant who forges an endorsement on a treasury check written for $500 or less must be prosecuted for a misdemeanor under 18 U.S.C. § 510, or may be prosecuted for a felony under 18 U.S.C. § 495, which by longstanding judicial construction proscribes the same conduct.

Defendant, Jimmy Dale Barrett, was convicted of forging and uttering (using as a medium of payment) a treasury check in the amount of $236.38, in violation of § 495, and was sentenced to six years in prison. Defendant then moved under 28 U.S.C. § 2255 to correct…

2Cases cited13 opinions

  1. United States v. BatchelderSupreme Court of the United States · 1979
  2. Watt v. AlaskaSupreme Court of the United States · 1981
  3. United States v. Borden Co.Supreme Court of the United States · 1939
  4. Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976
  5. United States v. Louis Martin Radetsky, A/K/A L. M. RadetskyCourt of Appeals for the Tenth Circuit · 1976

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Mrs. Verdie Mae Franklin Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin v. United StatesCourt of Appeals for the Tenth Circuit · 1993
  2. United States v. Robert H. Hopkins, Jr., Morten Hopkins, and John W. HarrellCourt of Appeals for the Fifth Circuit · 1990
  3. United States v. Ladonna Kay OliverCourt of Appeals for the Eighth Circuit · 1990
  4. United States v. Tami M. LecoeCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. ColoradoCourt of Appeals for the Tenth Circuit · 1993

8 more not listed; retrieve them via the Exa API.

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