James E. Lofland v. United States

Appellant appeals from a judgment of conviction on four counts of an indictment. Count One charged a violation of 18 U.S.C. § 1343 . Count Two charged a violation of 18 U.S.C. § 2315 . Count Three charged appellant and one Frederick George Koeneke with a violation of 18 U.S.C. § 2315 , and Count Four charged appellant and Frederick George Koeneke and Dale O’Harley Jennings with a violation of 18 U.S.C. § 2315 .

Trial was to the court sitting without a jury, a jury trial having been expressly waived, in writing, and in open court by the appellant. Appellant was represented by counsel of his own choosing at the arraignment, trial and imposition of sentence. Following the District Court’s denial of appellant’s motion for new trial, appellant was committed to the custody of the Attorney General for a period of ten years on each of the four counts, each sentence to begin and run concurrently with each other and concurrently with any other sentence defendant was then serving.

Co-defendants Koeneke and Jennings, named in Counts Three, Four and Five were found not guilty.

We shall first consider Counts One and Two in which appellant alone was charged.

Count One of the indictment…