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U.S. v. STRAIN

No. 04-50029.

396 F.3d 689 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Theresa Lucretia STRAIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 10, 2005.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood (argued), Diane D. Kirstein, San Antonio, TX, for Plaintiff-Appellee.

Paul Kobbe Williams (argued), Midland, TX, for Defendant-Appellant.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Theresa Lucretia Strain was convicted by a jury of one count of harboring or concealing a fugitive, her husband Robert Navarrette Chavez, in violation of 18 U.S.C. § 1071. The conviction would have been an easy affirmance if the case had been tried in New Mexico. But it was not. We reverse because the evidence is insufficient to prove that the crime of harboring or concealing a fugitive occurred in the Western District of Texas...

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