United States v. James Joseph Culotta

WATERMAN, Circuit Judge:

Appellant Culotta appeals from a judgment of conviction on count 1 of a three count indictment in which he had been charged with knowingly passing a counterfeit ten dollar Federal Reserve Note in violation of 18 U.S.C. § 472. 1 Appellant was found guilty of this crime by a jury. Judge Cannella, the trial judge, before submitting the count 1 to the jury, had dismissed count 2 which charged an unlawful transfer of a second ten dollar bill, and count 3, which charged an unlawful possession under 18 U.S.C. § 472 of the counterfeit bills involved in the preceding two…