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TALLMAN v. UNITED STATES

No. 71-1544.

465 F.2d 282 (1972)

Richard L. TALLMAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 6, 1972.

Rehearing Denied July 21, 1972.

Attorney(s) appearing for the Case

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

Donald B. Mackay, U. S. Atty., Springfield, Ill., Max J. Lipkin, Asst. U. S. Atty., Peoria, Ill., for appellee.

Before CUMMINGS and STEVENS, Circuit Judges, and CAMPBELL, Senior District Judge.

CUMMINGS, Circuit Judge.

In October 1968, petitioner was indicted for violating 18 U.S.C. § 14642 by uttering "obscene, indecent, or profane language by means of radio communication" on various occasions in 1968. After a jury trial, he was found guilty under Counts I, III and IV of the indictment. The other three Counts were dismissed by the Government.

Under Count I, he was confined to a jail-type institution for 60 days...

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