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UNITED STATES v. TALLMAN

No. 18698.

437 F.2d 1103 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Richard L. TALLMAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

January 28, 1971.

Attorney(s) appearing for the Case

John Donald O'Shea, East Moline, Ill., for defendant-appellant.

Max J. Lipkin, Peoria, Ill., Frank J. Violanti, U. S. Atty., Springfield, Ill., for plaintiff-appellee.

Before KERNER, PELL and STEVENS, Circuit Judges.

PELL, Circuit Judge.

The defendant, Richard L. Tallman, was convicted by a jury on three counts of violating 18 U.S.C. § 1464, which reads as follows:

"Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined not more than $10,000 or imprisoned not more than two years, or both."

Tallman was sentenced on Thursday, December 11, 1969. On Count I, the sentence was for 18 months, the first 60 days to...

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