United States v. James Michael Baker

CUMMINGS, Circuit Judge.

In July 1968, defendant was indicted for transporting a Chevrolet coupe from Newark, Delaware, to Rock Island, Illinois, in violation of the Dyer Act (18 U.S.C. § 2312). 1 When he was arraigned, the district court appointed counsel and defendant pled not guilty. On October 11, 1968, he substituted a guilty plea which was accepted. The judge then inquired whether he could proceed with sentencing, and defense counsel assented. Defendant then moved for probation. After hearing argument of counsel, the sentencing judge denied the motion for probation. Instead, he remanded…