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U.S. v. HARTEC ENTERPRISES, INC.

No. 91-8144.

967 F.2d 130 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. HARTEC ENTERPRISES, INC. and Jose J. Aceves, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 21, 1992.

Attorney(s) appearing for the Case

Bernard J. Panetta, II, Mary Stillinger, Caballero, Panetta & Ortega, El Paso, Tex., for Hartec & Aceves.

Mark R. Stelmach, LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, REYNALDO G. GARZA and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellant Jose J. Aceves is the president and majority stockholder of appellant Hartec Enterprises, Inc. Both appeal from a conviction of theft of government property, and aiding and abetting the theft of government property, in violation of 18 U.S.C. §§ 641 and 2(b). We reverse.

FACTS

Hartec is a machine shop and metals-fabricating plant located in Horizon City, Texas. Aceves is a self-educated machinist...

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