Fill and Sign the Appendix B United States Sentencing Commission Form

382 71 Unlawful Possession Of Food Stamps 7 USC § 2024(b) Title 7, United States Code, Section 2024(b), makes it a Federal crime or offense for anyone to knowingly [transfer] [acquire] [possess] Unit ed States Department of Agriculture Food Stamp [coupons] [authorization cards] [access devices] in any manner contrary to law or Department regulations, where the Food Stamp [coupons] [authorization cards] [access devices] have a value of $5,000 or more. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant [transferred] or [acquired] the Food Stamp [coupons] [authorization cards] [access devices] in a manner contrary to law or Department of Agriculture regulations, as charged; Second: That the Defendant did so knowingly and Third: That the Food Stamp coupons had a value of $5,000 or more. You are instructed t hat it is contrary to Department of Agriculture regulations [to sell or purchase Food Stamp [coupons] [authorization cards] [access devices] for cash] [to transfer or acquire Food Stamp [coupons] [authorization cards] [access devices] in exchange for clothes, drugs, cigarettes or liquor]. For the purpose of determining the value of Food Stamp coupons, you should place a value on them equal to their face value. ANNOTATIONS AND COMMENTS 7 USC § 2024(b) provides: . . . whoever knowingly uses, transfers, acquires, alters, or possesses coupons, authorization cards, or access devices in any manner contrary to this chapter [7 USC §§ 2011 et seq. ] or t he regulations issued pursuant to this chapter shall, if such coupons, authorization cards, or access devices are of a value of $5,000 or more, be guilty of a felony. Maximum Penalty: Shall be fined not more than $250,000 or imprisoned for not more than twenty (20) years, or both, and [ smaller penalties for violations at lower dollar levels] . 7 USC § 20 24 (b). The know ledge element of the statute has been analyzed in Liparot a v. U. S., 471 U.S. 419, 105 S.Ct. 2084, 85 L.Ed.2d 434 (1985); see also U. S. v. Saldana, 12 F.3d 160, 162-63 (9th Cir. 1993). Food Stamps " may not be accepted in exchange for cash, except when cash is returned as change in a transaction in which coupons were accepted in payment for eligible food . . . ." 7 CFR § 27 8. 2(a) (1 99 5).