UNITED STATES v. PERRY

No. 80-1116.

638 F.2d 862 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. John Robert PERRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

March 5, 1981.


Attorney(s) appearing for the Case

Victor K. Sizemore, El Paso, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., San Antonio, Tex., LeRoy Morgan Jahn, Michael S. McDonald, Asst. U. S. Attys., El Paso, Tex., for plaintiff-appellee.

Before GOLDBERG, GARZA and TATE, Circuit Judges.


TATE, Circuit Judge:

The defendant Perry was convicted of transporting in interstate commerce stolen goods of a value in excess of $5,000, knowing same to have been stolen. 18 U.S.C. § 2314. On his appeal, the defendant principally contends that the district court erred in not granting his motion for a judgment of acquittal grounded on the government's failure to prove that the stolen property transported by him had a market value of $5,000 or more, a statutory...

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