United States v. Gregory Wayne Cluchette

Cluchette appeals his jury conviction on two counts of violating 18 U.S.C. § 472 [possession of counterfeit bills with intent to defraud]. Count One charging a violation of 18 U.S.C. § 473 [attempt to transfer $300.00 in counterfeit money] was dismissed. We affirm.

FACTUAL BACKGROUND

Considered in the light most favorable to the appellee, the evidence may be summarized as follows: On July 19, 1971, as Jon Clark was opening his tavern, appellant approached Clark and offered to sell him counterfeit money. After a brief conversation, in which appellant suggested that Clark could pass the money more easily than some of appellant’s other customers on account of the green lights in the tavern, they agreed that appellant would return at about 5:00 P.M. the same afternoon, as Clark did not then have the purchase price of the counterfeit bills. Upon appellant’s departure, Clark called the Los Angeles office of the United States Secret Service. Special Agents Marchitello and Carlon were dispatched to the tavern and met with Clark at approximately 3:30 P.M. Clark agreed to introduce Marchitello to appellant as a service station operator interested in handling counterfeit money. Carlon was…