United States v. Kenneth Wayne Walls

577 F.2d 690 3 Fed. R. Evid. Serv. 621 UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wayne WALLS, Defendant-Appellant. No. 77-2089. United States Court of Appeals, Ninth Circuit. June 28, 1978. Morris Lavine, Los Angeles, Cal., for defendant-appellant. Michael D. Hawkins, U.S. Atty., Phoenix, Ariz., for plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before BARNES and CHOY, Circuit Judges, and LYDICK, * District Judge. BARNES, Senior Circuit Judge: 1 The appellant, Kenneth W. Walls, was convicted by a jury in the District Court of Arizona on two counts. The first count charged the appellant with devising a scheme or artifice to defraud Violet Bjerke, by causing a quitclaim deed executed by him to be sent through the United States Postal Service on or about January 24, 1972 from Calaveras County, California, to Arizona, in violation of 18 U.S.C. §§ 1341 1 and 2. 2 The second count charged appellant with transporting from Alaska and Arizona $10,000 in interstate commerce on or about December 20, 1971, in violation of 18 U.S.C. §§ 2314 3 and 2. Appellant was sentenced to five years in prison and a $5,000…