United States v. Charles Ronald McElroy

I concur with the majority’s decision to vacate McElroy’s conviction and to enter a judgment of acquittal on Count II. I dis*282sent from the majority’s affirmance of McElroy’s convictions on Counts I and III.

I

The clarification of the requirements necessary to support a conviction under 18 U.S.C. § 2314 (1976) is of overriding concern in this case. In relevant part, § 2314 reads:

Whoever, with unlawful or fraudulent intent, transports in interstate or foreign commerce any falsely made, forged, altered, or counterfeited securities or tax stamp, knowing the same to have been falsely made, forged,…