United States v. Felix Rivera Manglona

In the first count of a two-count indictment, Felix Rivera Manglona, Francisco Quintanilla Pangelinan and Felix San Agustín San Agustín, were charged with forging the endorsement of the payee, Jesus H. Cruz, on a $125.00 Government check. In the second count they were charged with uttering the check as true and genuine, with intent to defraud the United States. Both acts were alleged to be in violation of 18 U.S.C. § 495 (1964).

Pangelinan and San Agustín pleaded guilty. Manglona pleaded not guilty. He was tried before a jury and was found guilty on the uttering count and not guilty on the forging count. Man-glona then took this appeal.

Manglona was in civilian employment as a “leading man cleaner” at the Naval Communication Center in Finegayan, Guam. In this capacity, he distributed United States Navy payroll checks to from thirty to forty-four employees of the Navy who were under his supervision. The checks were delivered to him on alternate Fridays and he ordinarily distributed them by gathering his men and passing out the checks.

In March, 1967, one of the payroll checks, in the amount of $125.00, was made out to Jesus H. Cruz. Manglona mistakenly gave this check to Jesus…