Unpublished Disposition, 849 F.2d 1476 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 849 F.2d 1476 (9th Cir. 1988)

UNITED STATES of America, Plaintiff-Appellee,v.John CULLIE, Defendant-Appellant.

No. 87-5291.

United States Court of Appeals, Ninth Circuit.

Submitted June 8, 1988.Decided June 10, 1988.

Before PREGERSON, BOOCHEVER and DAVID R. THOMPSON, Circuit Judges.

MEMORANDUM* 

The government proved that defendant passed one counterfeit $100 federal reserve note at Disneyland, and that he later was found with another counterfeit $100 note hidden in his underwear. The trial court did not abuse its discretion in denying defendant's motions to require election of counts upon a claim of multiplicity. See United States v. Palacios, 835 F.2d 230, 233 (9th Cir. 1987).

One of the elements of a violation of 18 U.S.C. § 472 (1982) is knowledge that the bill possessed or passed is counterfeit. Palacios, 835 F.2d at 232. Evidence of the hidden $100 was probative of guilty knowledge in addition to being admissible to prove the separate count of possession.

AFFIRMED.

 *

The panel unanimously finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and 9th Cir.R. 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 Cir.R. 36-3

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