United States v. Carlos A. Palacios

Carlos Palacios appeals his conviction, in two counts, for possessing counterfeit bills and for passing counterfeit bills, in violation of 18 U.S.C. § 472 . Count I charged Palacios with possessing counterfeit bills. Count II charged Palacios with passing counterfeit bills, in violation of 18 U.S.C. § 472 . Palacios contends that the government failed to present sufficient evidence from which a jury could conclude beyond a reasonable doubt that he knew that the bills were counterfeit. He also contends that the district court subjected him to double jeopardy by imposing consecutive sentences for the convictions on both counts of 18 U.S.C. § 472 . We affirm the district court.

I. FACTS

On September 15, 1986, Palacios entered the East Hollywood branch of Bank of America, asked teller Sakalarian for a cashier’s check for $4,950, and gave Sakalarian forty-nine 100 dollar bills and one 50 dollar bill. Because the bills appeared odd, Saka-larian became suspicious and asked Palac-ios if the money was real. Palacios stated that it was. Sakalarian asked Palacios where he obtained the money. Palacios first said someone gave it to him to buy a cashier’s check, then he said he got it…