Milton Bieber and Donald Paul Myers v. United States

The appellants, Milton Bieber and Donald Paul Myers, were indicted with six other persons in a nine-count indictment brought by the grand jury in the Southern District of California. The other six co-defendants pleaded guilty. Bieber and Myers were charged only in Counts 1 and 2 of the indictment. Count 1 charged appellants and three others with conspiracy to counterfeit obligations of the United States in violation of 18 U.S.C. § 371 ; to sell and transfer counterfeit obligations of the United States in violation of 18 U.S.G. § 473; and to utter counterfeit obligations of the United States in violation of 18 U.S.C. § 472 .

Count 2 of the indictment charged Bieber and Myers and one Daniel Migdol with falsely making, forging and counterfeiting 2600 $20 Federal Reserve Notes and 2600 $10 Federal Reserve Notes. Upon a trial by a jury, each of the appellants was found guilty as charged in Counts 1 and 2 of the indictment. Appellants were each sentenced to two years imprisonment on Count 1 and to five years imprisonment on Count 2, said sentences to be served concurrently. Appeal was taken to this court from the judgment of conviction only as to Count 2.

As set out in appellants’…