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UNITED STATES v. WYATT

No. 18350.

437 F.2d 1168 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Earl WYATT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

February 4, 1971.

Attorney(s) appearing for the Case

R. R. McMahan, Chicago, Ill., for defendant-appellant; Lord, Bissell & Brook, Chicago, Ill., of counsel.

Stanley B. Miller, U. S. Atty., Charles H. Scruggs, John E. Hirschman, Asst. U. S. Attys., S.D.Ind., Indianapolis, Ind., for plaintiff-appellee.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.

DUFFY, Senior Circuit Judge.

After a bench trial, defendant Wyatt was found guilty of receiving and concealing a stolen motor vehicle in violation of Title 18 U.S.C. § 2313 (The Dyer Act). He was sentenced to imprisonment for two and a half years and fined $1,000. The prison sentence was suspended and defendant was placed on a two and a half year probation.

Defendant, living with his wife and two sons, was a resident of Indianapolis,

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