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UNITED STATES v. SMITH

No. 15878.

379 F.2d 628 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Patrick SMITH, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 14, 1967.

Attorney(s) appearing for the Case

Stanley A. Bass, Chicago, Ill., for appellant.

Edward V. Hanrahan, U. S. Atty., Lawrence E. Morrissey, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Gerald M. Werksman, Asst. U. S. Attys., of counsel, for appellee.

Before CASTLE, KILEY and FAIRCHILD, Circuit Judges.

KILEY, Circuit Judge.

Defendant Smith was convicted by a jury for violation of the Dyer Act1 by transporting a stolen Chevrolet truck from Oklahoma to Illinois with knowledge that it had been stolen. He was sentenced to five years imprisonment. We affirm the conviction but vacate the sentence and remand for a legal sentence.

Smith was arrested in Los Angeles, California, on November 29, 1965, by virtue of a warrant issued by the...

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