Bonitz

United States v. Bonitz

Good Law
76 F. App'x 808
United States Court of Appeals for the Ninth CircuitSeptember 25, 2003No. 03-10084; D.C. No. CR-02-00223-JLQCalifornia336 words

Opinion

Lead Opinion

MEMORANDUM **

Gregory Lawrence Bonitz was convicted by a jury of one count of violating 18 U.S.C. § 472 . He appeals, arguing that there was insufficient evidence that he knew the federal reserve notes that he *809 passed were counterfeit and that he possessed the required intent to defraud. We affirm.

There is sufficient evidence to support Bonitz’s conviction “if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find the essential elements of the crime beyond a reasonable doubt.” United States v. Howick, 263 F.3d 1056, 1065 (9th Cir.2001), cert. denied, 535 U.S. 946 , 122 S.Ct. 1339 , 152 L.Ed.2d 243 (2002).

The evidence showed that Bonitz at first told agents that he received the counterfeit $100 bills from another casino, and only later admitted that he found the bills hidden in the car he was repairing. “[I]nconsistent exculpatory statements concerning the source of the [counterfeit] bills ... can be regarded as evidence of consciousness of wrongdoing.” United States v. McCall, 592 F.2d 1066, 1068 (9th Cir.1979) (per curiam). A counterfeit bill tom at the corner was found in the console of Bonitz’s car, which is evidence…

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