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U.S. v. MAREK

Nos. 98-40568, 98-40955.

238 F.3d 310 (2001)

UNITED STATES of America Plaintiff-Appellee, v. Betty Louise Marek, Defendant-Appellant. consolidated with UNITED STATES of America, Plaintiff-Appellee, v. Dora Garcia Cisneros, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 4, 2001.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II. Fed. Public Defender, Renata Ann Gowie, Asst. Fed. Public Defender (argued), Houston, TX, for Betty Louise Marek.

Before REYNALDO G. GARZA, POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

According to its title, the federal murder-for-hire statute, 18 U.S.C. § 1958 ("§ 1958"), criminalizes the "[u]se of interstate commerce facilities in the commission of murder-for-hire."1 The statute proscribes paying another to commit murder, but only when the defendant either (1) "travels in or causes another (including the intended victim) to travel in interstate or foreign commerce," or (2) ...

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