UNITED STATES v. KELLEY

No. 80-1223.

630 F.2d 302 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick M. KELLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

November 10, 1980.


Attorney(s) appearing for the Case

Richard C. Arroyo, Brownsville, Tex., for defendant-appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, RANDALL, and TATE, Circuit Judges.


TATE, Circuit Judge:

We reverse, finding insufficient evidence that property used as collateral to secure a loan was moved from the designated premises with intent to conceal it or to defraud the Small Business Administration (SBA).

The defendant Kelley was convicted of concealing and removing from the mortgage — described premises, "with intent to defraud," an air compressor, an air conditioner, and a sewing machine subject to a security interest...

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