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United States v. Payan

United States Court of Appeals for the Fifth Circuit
992 F.2d 1387 (1993)


Facts

After a number of tractors and other farm equipment were stolen from the Texas panhandle and northeastern New Mexico, federal and state authorities suspected Mark Ancira (defendant) and Pedro Carrillo Payan (defendant) as the thieves, who then transported the tractors into Mexico to be sold. Ancira was arrested while attempting to import into Mexico two tractors stolen in Texas.  At the time of his arrest, he was in possession of fraudulent invoices for the tractors made out to Payan as the purchaser. Payan was then arrested entering the United States from Mexico and charged with one count of conspiracy to transport stolen goods in interstate and foreign commerce and 15 counts of transportation of stolen goods in interstate and foreign commerce. At trial, evidence was shown that Payan and Ancira cooperated in the transportation and disposal of all the equipment stolen. Payan was convicted on the conspiracy count and on 11 of the 15 substantive counts and he appealed.

Rule of Law

Issue

Holding and Reasoning (Wiener, J.)

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