UNITED STATES v. WALLACE

No. 19123.

418 F.2d 876 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. James E. WALLACE, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

Decided November 26, 1969.


Attorney(s) appearing for the Case

James T. Dewan, Cincinnati, Ohio, for appellant.

Robert A. Steinberg, Cincinnati, Ohio (Roger J. Makley, U. S. Atty., Paul Brickner, Asst. U. S. Atty., Columbus, Ohio, on the brief), for appellee.

Before CELEBREZZE, PECK and COMBS, Circuit Judges.


PER CURIAM.

At the conclusion of the trial of this cause to the District Court sitting without a jury, the trial judge found the defendant postal employee guilty of having removed $3.00 in currency from a letter entrusted to him, in violation of 18 U.S.C. § 1709. At that time the trial judge stated that he would "defer the matter for sentencing pending receipt of a probation report."

When the case was recalled for sentencing nine weeks later, while no...

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