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U.S. v. SMITH

No. 03-10171.

417 F.3d 483 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Elliott SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 2005.

Attorney(s) appearing for the Case

Susan B. Cowger, Dallas, TX, for U.S.

Christopher Allen Curtis, Fort Worth, TX, Ira Raymond Kirkendoll, Fed.Pub. Def., Dallas, TX, for Smith.

Before HIGGINBOTHAM, SMITH and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

Mark Elliott Smith was charged in a two-count indictment with mail fraud, in violation of 18 U.S.C. § 1341 (Count One), and interstate transportation of a stolen car, in violation of 18 U.S.C. § 2312 (Count Two). In November 1999, Smith met Deanna Miller in an internet chat room, convinced her that he loved her, and sent her three $10,000 checks drawn on an invalid account. Miller deposited one of the checks...

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