United States v. Elbert Lee Easley

Before MERRILL and ELY, Circuit Judges, and REAL, District Judge.

Easley was convicted of one count of conspiracy in connection with the handling of counterfeit money ( 18 U.S.C. § 371 ) and six more counts, four of passing counterfeit notes, one of attempting the passing of a counterfeit note, and the last, of possession of a counterfeit note, all in violation of 18 U.S.C. § 472 . He was sentenced to six concurrent fifteen-year terms of confinement on six of the counts and an additional five-year term of confinement on count one of the indictment, this to be served consecutively. In this appeal, Easley directs the principal portion of his argument to the proposition that the evidence was insufficient to support the conviction of Easley as to several of the counts. His argument as to count one, the conspiracy count, has no merit whatsoever. Both the defendant and his wife were identified as being persons passing counterfeit money on various occasions. While we are doubtful that the evidence was sufficient to justify determinations of Easley’s guilt as to counts two, four, and five, we have no difficulty in concluding that there was no evidentiary deficiency as to counts…