United States v. Hartec Enterprises, Inc. And Jose J. Aceves

EDITH H. JONES, Circuit Judge:

Appellant Jose J. Aceves is the president and majority stockholder of appellant Har-tec Enterprises, Inc. Both appeal from a conviction of theft of government property, and aiding and abetting the theft of government property, in violation of 18 U.S.C. §§ 641 and 2(b). We reverse.

FACTS

Hartec is a machine shop and metals-fabricating plant located in Horizon City, Texas. Aceves is a self-educated machinist who established and developed Hartec into a business with a reputation for high quality operations. Hartec garnered the government’s scrutiny through an FBI…