United States v. Richard L. Tallman

PELL, Circuit Judge.

The defendant, Richard L. Tallman, was convicted by a jury on three counts of violating 18 U.S.C. § 1464, which reads as follows:

“Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined not more than $10,000 or imprisoned not more than two years, or both.”

Tallman was sentenced on Thursday, December 11, 1969. On Count I, the sentence was for 18 months, the first 60 days to be served in a jail-type institution to begin on Monday, December 29, 1969 and the balance of the 18 months to be suspended. On Counts III and IV, Tallman…