United States v. Martin W. Rudolph, Doing Business as Seifert Trucking Co.

Third Circuit

United States v. Martin W. Rudolph, Doing Business as Seifert Trucking Co.

361 F.2d 832, 1966 U.S. App. LEXIS 5947

CourtCourt of Appeals for the Third Circuit

DecidedJune 2, 1966

Docket15495

StatusPublished

This text of 361 F.2d 832 (United States v. Martin W. Rudolph, Doing Business as Seifert Trucking Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Martin W. Rudolph, Doing Business as Seifert Trucking Co., 361 F.2d 832, 1966 U.S. App. LEXIS 5947 (3d Cir. 1966).

Pincite

Opinion

OPINION OF THE COURT

PER CURIAM.

The appellant, Martin W. Rudolph, was tried and convicted before the district court, sitting without a jury, of transporting property in interstate commerce without having obtained a certificate of convenience and necessity as required by 49 U.S.C. § 306(a). Such conduct is criminal if knowingly and willfully committed, 49 U.S.C. § 322(a).

At the request of appellant, this appeal was submitted to the court on briefs. We have reviewed the record in the light of the alleged errors; we can perceive no error in the district court’s conclusion that appellant knowingly and willfully violated 49 U.S.C. § 306(a). See Steere Tank Lines, Inc. v. United States, 330 F.2d 719 (C.A.5, 1963). We also fail to discern any reliance by the district court on appellant’s failure to testify as a basis for his guilt.

The judgment of conviction and order denying the motion for a new trial by the district court will be affirmed.

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