U.S. v. MEEKS

No. 94-11079.

69 F.3d 742 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Jesse MEEKS, Kenny Hogue, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 13, 1995.


Attorney(s) appearing for the Case

Mervyn Hamburg, Dept. of Justice, Washington, DC, Paul Macaluso, Asst. U.S. Atty., Paul F. Coggins, U.S. Atty., Dallas, TX, for appellant.

Robert J. Clary (Court-appointed), Owens, Clary & Aiken, Dallas, TX, for Meeks.

Franklyn Ray Mickelsen, Asst. Federal Public Defender, Ira R. Kirkendoll, Federal Public Defender, Dallas, TX, for Hogue.

Before REYNALDO G. GARZA, BARKSDALE and EMILIO M. GARZA, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is whether employees of a locksmith company, which contracted with a bank to maintain its safe deposit boxes, can be prosecuted under 18 U.S.C. § 656, which proscribes theft by a bank officer, director, agent, employee, or other person "connected in any capacity with" any federally insured bank. (Emphasis added.) Because we conclude that, in dismissing the indictment, the district court construed the statute...

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