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UNITED STATES v. ROSENGARTEN

No. 170, Docket 29752.

357 F.2d 263 (1966)

UNITED STATES of America, Appellee, v. Jack ROSENGARTEN, Appellant.

United States Court of Appeals Second Circuit.

Decided February 7, 1966.

Attorney(s) appearing for the Case

Henry K. Chapman, New York City (Irving Rader, New York City, of counsel), for appellant.

Michael S. Fawer, New York City, (Robert M. Morgenthau, U. S. Atty., for S. D. New York; Otto G. Obermaier, Asst. U. S. Atty., of counsel), for appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge:

Jack Rosengarten, having waived trial by jury, was convicted by Judge Sugarman in the District Court for the Southern District of New York, of having wilfully and knowingly received, concealed and stored jewelry of a value of more than $5,000, which was moving in interstate commerce, knowing the same to have been stolen. 18 U.S.C. § 2315. Although the penalty imposed was only a fine of $433,1 we do not minimize...

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