Unpublished Disposition, 848 F.2d 199 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 848 F.2d 199 (9th Cir. 1988)

UNITED STATES of America, Plaintiff-Appellee,v.Addie Bee BREWSTER, aka Addie Billingsly, Defendant-Appellant.

No. 87-3032.

United States Court of Appeals, Ninth Circuit.

Submitted April 18, 1988.* Decided May 20, 1988.

Before FERGUSON, NORRIS and WIGGINS, Circuit Judges.

Addie Bee Brewster appeals her conviction, following a jury trial, for conspiracy to knowingly alter, forge and utter United States Treasury checks, in violation of 18 U.S.C. § 371; possession of stolen mail, in violation of 18 U.S.C. § 1708; uttering forged and altered United States Treasury checks, in violation of 18 U.S.C. § 495; and false declaration before a grand jury, in violation of 18 U.S.C. § 1623. Brewster contends that her prior state conviction for unlawful issuance of bank checks should not have been admitted into evidence under Fed.R.Evid. 609(a) (2) because the crime did not involve dishonesty or false statement. This contention fails. Because Brewster's prior misdemeanor conviction in Washington State for unlawful issuance of bank checks involved intent to defraud, see State v. Ben-Neth, 34 Wash. App. 600, 606, 663 P.2d 156, 161 (Wash.Ct.App.1983), the conviction constituted a crime that "involved dishonesty or false statement" that is automatically admissible under Fed.R.Evid. 609(a) (2). See United States v. McClintock, 748 F.2d 1278, 1288 (9th Cir. 1984), cert. denied, 474 U.S. 822 (1985); United States v. Harris, 738 F.2d 1068, 1073 (9th Cir. 1984); United States v. Ortega, 561 F.2d 803, 806 (9th Cir. 1977).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Circuit Rule 36-3