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U.S. v. TASY

Nos. 99-1758, 99-1764.

203 F.3d 1060 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Don TASY, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Deb Tasy, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 2000.

Rehearing Denied March 15, 2000.

Attorney(s) appearing for the Case

Mary Ann Giebink, Sioux Falls, SD, argued, for appellant Don Tasy.

Jay A. Kolb, Sioux Falls, SD, argued, for appellant Deb Tasy.

John J. Ulrich, Asst. U.S. Atty., Sioux Falls, SD, argued (Karen E. Schreier, U.S. Atty., on the brief), for appellee.

Before MCMILLIAN, LAY, and FAGG, Circuit Judges.

LAY, Circuit Judge.

Donald and Debbie Tasy (Don and Deb), husband and wife, appeal their convictions under 18 U.S.C. § 2314, Interstate Transportation of Stolen Property. The government failed to show that the defendants were a motivating cause in moving the goods in interstate commerce, and failed to establish the requisite jurisdictional nexus to interstate commerce. As such, we vacate and dismiss the convictions of Don and Deb Tasy for lack of federal jurisdiction...

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