United States v. Columba-Colella

604 F.2d 356 (1979)

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United States v. Columba-Colella

United States Court of Appeals for the Fifth Circuit
604 F.2d 356 (1979)

Facts

On August 21, 1978, Francesco Columba-Colella (defendant) went to a bar in Juarez, Mexico, and met a man named Keith. Columba-Colella and Keith then met each other two days later, and Keith asked Columba-Colella to help him sell a car. Keith also informed Columba-Colella that the car in question had been stolen from El Paso, Texas, and offered Columba-Colella half of the money generated from the sale of the stolen car. Columba-Colella agreed to this plan and took possession of the car from Keith after agreeing to meet the next day. Columba-Colella was arrested by Mexican police before he could meet Keith. The United States (plaintiff) charged Columba-Colella under 18 U.S.C. § 2313 for receipt of a stolen vehicle in foreign commerce. At the time of his arrest, Columba-Colella resided in Juarez, Mexico, with his Mexican wife. A British citizen, Columba-Colella lacked employment and property in the United States. Columba-Colella pleaded guilty, and the district court sentenced Columba-Colella to five years in prison in Texas. Columba-Colella then appealed the jurisdictional issue to the Fifth Circuit Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Wisdom, J.)

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