United States v. Kathy Hudson

After her motion to dismiss was denied without evidentiary hearing, Kathy Hudson was convicted in the Northern District of California on charges of passing counterfeit obligations and possession of counterfeit obligations, in violation of 18 U.S.C. § 472 . She was given a three-year suspended sentence and placed on two years probation. Hudson argues on appeal (1) that denying her motion to dismiss based on the breach of an alleged promise between a government agent and her co-defendant was error; and (2) the evidence was insufficient to support her convictions. We affirm.

Facts:

Two San Francisco police officers recognized John Russo, a person under surveillance by the San Francisco police, and decided to follow him. Russo and the appellant, Kathy Hudson, entered a vehicle and drove to Mission Street where Hudson entered two different stores while Russo remained outside. Hudson did not make any purchases at either of the stores.

Russo then picked up Hudson, made two U-turns, waited briefly in a parking lot, and proceeded to Beep’s Burgers. Upon arrival at Beep’s, Russo parked about three car lengths from the hamburger stand. Hudson and Russo entered Beep’s where Hudson ordered…