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U.S. v. BARNDT

No. 89-8084 Summary Calendar.

913 F.2d 201 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee BARNDT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 18, 1990.

Attorney(s) appearing for the Case

Victor K. Sizemore, Santa Theresa, N.M., for defendant-appellant.

LeRoy Morgan Jahn and Philip Police, Asst. U.S. Attys., and Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GEE and DUHÉ, Circuit Judges.

PER CURIAM:

On three separate occasions, Texas defendant-appellant Robert Lee Barndt ("Barndt") cut strands of copper wire from a hanging communications line on the Army's McGregor Missile Range in New Mexico. On each occasion, Barndt sold the wire to a scrap metal dealer in El Paso, Texas. A federal grand jury returned a three-count indictment charging Barndt with unlawfully selling government property under 18 U.S.C. § 641. Each count represented a separate...

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