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United States v. Payan | 992 F.2d 1387 (1993)
Conspiracy doesn’t merge, y’all. In other words, a person can usually be charged with a crime and conspiracy to commit the same crime. However, under Wharton’s Rule, a defendant can’t be convicted of conspiracy to commit a crime that requires collaboration. In United States versus Payan, a Texan reckoned that Wharton’s Rule applied to his collaborative tractor scheme.
Beginning in 1990, farm equipment was reported missing across the Texas panhandle and northern New Mexico. Federal officers suspected that Pedro Carrillo Payan and Mark Ancira were stealing farm equipment, transporting the equipment to Mexico, and selling the equipment in the Mexican market. U.S. customs officials were warned, and Ancira was arrested while transporting stolen tractors into Mexico. A day later, Payan was arrested. Payan was indicted in federal district court on one count of conspiracy to transport stolen goods and fifteen counts of transporting stolen goods. Payan’s prosecution for transporting stolen goods was based on an aiding-and-abetting theory pursuant to Title Eighteen, Section Two of the United States Code. Prosecutors introduced evidence that Payan and Ancira cooperated in transporting nearly all of the stolen equipment. Upon his conviction of conspiracy and eleven counts of transporting stolen goods, Payan appealed to the United States Court of Appeals for the Fifth Circuit.
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