United States v. Frank Gargiso

OAKES, Circuit Judge.

After a non-jury trial before Judge Dooling in the Eastern District of New York, appellant was convicted on three counts charging him with possession of footwear, greater than $100 in value, stolen from interstate commerce in violation of-18 U.S.C. § 659. 1 On July 30, 1971, he was sentenced to concurrent prison terms of three years on each count — six months to be served in prison and the balance to be suspended for a three-year probationary period. Appellant asserts that his fourth amendment rights were violated during searches leading to his arrest and that the…