United States v. Spencer Irving, Jr.

SIMPSON, Circuit Judge:

Appellant, Spencer Irving, Jr., was charged in a single count information with imparting false information concerning an alleged attempt to be made to commit air piracy, in violation of Title 49, U.S.C., Sec. 1472(m)(1).1 The district *1328judge denied Irving’s motion to dismiss for failure to state an offense against the United States, upheld the statute against constitutional attack, and following a bench trial found and adjudged Irving guilty as charged. The court imposed a twelve month confinement sentence, which was suspended, with twelve months’ supervised probation.…