UNITED STATES v. CARMICHAEL

No. 71-1492.

489 F.2d 979 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Robert CARMICHAEL, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 1972.


Attorney(s) appearing for the Case

Gerald M. Werksman, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., William T. Huyck, Arnold Kanter, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and KILEY and FAIRCHILD, Circuit Judges.


KILEY, Circuit Judge.

Appellant Robert Carmichael was indicted in five counts, each charging violation of 18 U.S.C. § 1708 by his possession on five different dates of a United States Treasury Check stolen from the mail, knowing it had been stolen. He was tried by a jury and convicted on two counts and sentenced to concurrent five year terms. We reverse.

Before trial Carmichael filed a motion to suppress a quantity of checks seized in his automobile at...

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