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UNITED STATES v. BEATHUNE

Nos. 74-1677 and 74-1678.

527 F.2d 696 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. John Alexander BEATHUNE and Rudy Rhodes, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 31, 1975.

Rehearing Denied February 9, 1976.

Attorney(s) appearing for the Case

Theodore S. Halaby, Sp. Asst. U. S. Atty. (James L. Treece, U. S. Atty., and Thomas E. Henry, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

E. Michael Canges, Denver, Colo. (James Rollin Miller and Canges & Shaver, Denver, Colo., on the brief), for defendant-appellant John Alexander Beathune.

Sheldon Yavitz, Miami, Fla. (Michael A. Davis, Hochstadt, Straw & Davis, Denver, Colo., on the brief), for defendant-appellant Rudy Rhodes.

Before HILL, SETH and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Beathune and Rhodes were both convicted of conspiracy to knowingly transport and sell in interstate commerce stolen motor vehicles in violation of 18 U.S.C. §§ 2312 and 2313. Beathune was also convicted on three counts charging substantive crimes involving the knowing disposition of particular stolen vehicles and Rhodes was convicted on five such substantive counts. Both now appeal.

Beathune owned Bavarian Motors, a Denver...

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