United States v. Barnett

CELEBREZZE, Circuit Judge.

This consolidated appeal comes to us from the United States District Court, Eastern District of Tennessee, wherein John C. Barnett and Lee Fred Mclnturff, hereinafter Appellants, were tried without a jury and convicted under an indictment charging the possession and transportation of nontax-paid whiskey, 26 U.S.C. § 5205(a) (2) and § 5604(a) (1).

Appellant Barnett was sentenced to serve five years and fined $1,000 for possession. The imposition of a sentence for transportation was suspended, but he was placed on probation for five years to run consecutively to his…