United States v. Donald Wayne Quigley

PER CURIAM: Quigley was charged with and convicted of passing and selling counterfeit currency in violation of 18 U.S.C. § 472. His attack upon the sufficiency of the evidence to sustain the charge of “selling” is without merit. The government was not required to prove both passing *626 and selling, even though the indictment so charged. Cf. Arellanes v. United States, 302 F.2d 603, 609 (CA9 1962), cert. denied 371 U.S. 930, 83 S.Ct. 294, 9 L.Ed.2d 238 (1962); United States v. Carter, 454 F.2d 525 (CA9 1972); McGriff v. United States, 408 F.2d 333, 334 (CA9 1969). The judgment of conviction is affirmed.