Legal Opinion

United States v. Patrick M. Kelley

Court of Appeals for the Fifth Circuit

Decided November 10, 1980No. 80-1223PublishedCited by 12 opinions

1Opinion of the Court

TATE, Circuit Judge:

We reverse, finding insufficient evidence that property used as collateral to secure a loan was moved from the designated premises with intent to conceal it or to defraud the Small Business Administration (SBA).

The defendant Kelley was convicted of concealing and removing from the mortgage-described premises, “with intent to defraud,” an air compressor, an air conditioner, and a sewing machine subject to a security interest of the Small Business Administration, in violation of 15 U.S.C. § 645(c). The statute provides for imprisonment of not more than five years, and/or a…

2Cases cited8 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. United States v. William Henry Forrest and Maxine ForrestCourt of Appeals for the Fifth Circuit · 1980
  3. United States v. Davida Ross Staller and David Owen SaundersCourt of Appeals for the Fifth Circuit · 1980
  4. United States v. Carl J. LondonCourt of Appeals for the Fifth Circuit · 1977
  5. United States v. Charles Tyrone HagginsCourt of Appeals for the Fifth Circuit · 1977

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United States v. Samuel B. Hewitt and Bobby Gene ChesserCourt of Appeals for the Eleventh Circuit · 1981
  2. United States v. Thomas L. VarkonyiCourt of Appeals for the Fifth Circuit · 1981
  3. United States v. Gary Anthony Gianni, Joseph Mike Giardina, Richard Loren Holland, James Robert HamCourt of Appeals for the Eleventh Circuit · 1982
  4. United States v. Charles Allen Stout, John Mark JohnsonCourt of Appeals for the Eleventh Circuit · 1982
  5. Ashurst v. StateCourt of Criminal Appeals of Alabama · 1984

7 more not listed; retrieve them via the Exa API.

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