United States v. Charles Ronald McElroy

A. LEON HIGGINBOTHAM, Jr., Circuit Judge,

concurring in part and dissenting in part.

I concur with so much of the majority’s decision which vacates the judgment of conviction and the entry of a judgment of acquittal on Count Two. I dissent from the majority’s affirmance of the convictions on Counts One and Three. Though Judge Weis has written a thoughtful opinion, I believe the views expressed by Judge McKay in United States v. Sparrow, 635 F.2d 794 at 796-797 (10th Cir. 1980) (in banc), express the correct statement of law as to 18 U.S.C. 2314:

[T]he plain meaning of the statute requires the…