UNITED STATES v. TANDA

No. 77-5469. Summary Calendar.

568 F.2d 1122 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Reinaldo Antonio TANDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 23, 1978.


Attorney(s) appearing for the Case

Harold Mendelow, Miami, Fla., for Reinaldo A. Tanda.

Jack V. Eskenazi, U. S. Atty., James E. McDonald, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.


AINSWORTH, Circuit Judge:

Appellant Reinaldo Antonio Tanda was convicted after a jury trial, of stealing $105 from a suitcase in the possession of a common carrier, which had been shipped in interstate commerce, in violation of 18 U.S.C. § 659. He was sentenced to two years' imprisonment pursuant to the split sentence provisions of 18 U.S.C. § 3651 but was required to serve only ninety days thereof with the remainder...

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