United States v. David Hayward

SPRECHER, Circuit Judge.

Defendant was convicted in a bench trial of the offense of knowingly possessing goods stolen from interstate commerce in violation of 18 U.S.C. § 659. He was sentenced to a term of 177 days. Two issues are raised in this appeal: (1) whether the trial court erred in admitting into evidence certain mini-bikes seized during a search of defendant’s premises; and (2) whether the trial court in sentencing the defendant improperly took cognizance of Hayward’s refusal to divulge the source from which he acquired the stolen bikes.

Defendant argues that items seized from his…