United States v. Jose Garcia and Francisco Garcia

ATKINS, District Judge:

Jose Garcia and Francisco Garcia were convicted of multiple counts charging (a) stealing and robbing money of the United States by use of a pistol, (b) conspiracy to steal, (c) possession of counterfeit Federal Reserve notes and (d) assaulting a Secret Service Agent with a loaded pistol. Jose was found guilty on all counts. Francisco was convicted of all but Count V relating to the assault. The Garcias raised issues dealing with a “postal nexus” as an essential element of the property stolen; Counts II, III and V having the same elements, precluding consecutive…