Legal Opinion

Gardner v. American Century Mortgage Investors

Court of Appeals for the Fifth Circuit

Decided August 1, 1978No. 78-1193PublishedCited by 16 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

Appellant Lonsdale was charged with unlawfully uttering a United States Treasury check in violation of 18 U.S.C. § 495.1 He was convicted by a jury and sentenced to two years imprisonment. Lonsdale’s only contention of appeal is that the district court erred in denying his motion for a judgment of acquittal at the close of the evidence. We agree with Lonsdale that there was insufficient evidence of his guilt to submit the case to the jury. Appellant’s conviction must therefore be reversed.

I

On February 28, 1974, a United States Treasury check in the amount of $207.00…

2Cases cited15 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. United States v. Obadiah StephensonCourt of Appeals for the Fifth Circuit · 1973
  4. Ernest S. Borum v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  5. United States v. Leonardo Cerda Barrera, A/K/A Porky and Faustino Copado LeyvaCourt of Appeals for the Fifth Circuit · 1977

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3Cited by16 opinions

  1. BIRMINGHAM TRUST NATIONAL BANK, a National Banking Association, Plaintiff-Appellee, v. John P. CASE, Jr., Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1985
  2. In the Matter of Laymon Berman Walker, Bankrupt. Laymon Berman Walker v. Citizens State Bank of Maryville, MissouriCourt of Appeals for the Eighth Circuit · 1984
  3. Dodson v. Church (In Re Church)United States Bankruptcy Court, N.D. Texas · 1987
  4. In the Matter of Charles Moore Bardwell, Jr., Bankrupts. Highland Village Bank v. Charles Moore Bardwell, Jr.Court of Appeals for the Fifth Circuit · 1980
  5. Citizens State Bank of Maryville v. Walker (In Re Walker)United States Bankruptcy Court, W.D. Missouri · 1985

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