United States v. Alios Stettmeier, AKA Alex Stettmeier

Alios Stettmeier appeals from a judgment and sentence entered upon his conviction for a violation of the Dyer Act (18 U.S.C, §§ 2311, 2312), the interstate transportation of a stolen airplane. The case was tried to the court.

The facts are that in April of 1969, a Cessna 182F airplane was stolen in Lebanon, Missouri. Stettmeier was advised that the aircraft was stolen, yet he took possession of it, partially stripped it, and painted it a different color. About July 15, 1970, the stolen aircraft was transported from Las Cruces, New Mexico, to Scottsdale, Arizona. Stett-meier was arrested in the airplane on the following day.

Two issues are presented for review. The first is whether the aircraft seized by the Government and utilized as its principal exhibit was an aircraft within the purview of 18 U.S.C. § 2312 .

Stettmeier argues that since an aircraft is defined in 18 U.S.C. § 2311 as “any contrivance now known or hereafter invented, used, or designed for navigation or for flight in the air,” and since the only parts of the aircraft that were identifiable as stolen were the fuselage, tail assembly, instrument panel and the wings, and since the craft could not fly with only…