United States v. Omar Rushdan, United States of America v. Omar Rushdan

Omar Rushdan was found guilty of conspiracy to traffic in and possess counterfeit credits cards in violation of 18 U.S.C. § 1029 (b)(2) (Supp. IV 1986) and of possession of fifteen or more counterfeit credit cards in violation of 18 U.S.C. § 1029 (a)(3) (Supp. IV 1986). After the verdict, the trial court granted Rushdan’s motion for judgment of acquittal on the possession count holding that the evidence was insufficient to show the possession affected interstate commerce. The trial court denied Rushdan’s motion for judgment of acquittal on the conspiracy count.

The government appeals the granting of judgment of acquittal on the possession count. Rushdan appeals denial of judgment of acquittal on the conspiracy count. We reverse as to the possession count and affirm as to the conspiracy count.

FACTS

In February of 1987 Omar Rushdan, Raynard Newton, and Joseph Batie, an employee of First Interstate Bank of California, met to discuss the manufacture and use of counterfeit credit cards. Batie disclosed that he had access to credit card numbers with high credit limits. A few days later, Batie provided a list of credit card account numbers to Newton, who gave them to Rushdan.

In…