United States v. Smith

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

Mark Elliott Smith was charged in a two-count indictment with mail fraud, in violation of 18 U.S.C. § 1341 (Count One), and interstate transportation of a stolen car, in violation of 18 U.S.C. § 2312 (Count Two). In November 1999, Smith met Deanna Miller in an internet chat room, convinced her that he loved her, and sent her three $10,000 cheeks drawn on an invalid account. Miller deposited one of the cheeks and, a week later, Smith, who had come to Iowa from Texas to visit her, took her shopping for a car. Miller made a $5,000 down payment on a $25,000…