Robert Lewis Banzer v. United States

367 F.2d 865

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 9, 1967
• Docket: 21088_1
• Status: Published

Opinion

PER CURIAM:

This is an appeal from the judgment' imposed following appellant’s conviction by jury verdict of the six offenses charged in the indictment, all violations of 18 U.S.C. § 2314.

Inasmuch as no error affecting the substantial rights of appellant appears in connection with his conviction on the second count of the indictment [Fed.R. Crim.P. 52(a)], and the sentences on all counts were imposed to commence and run concurrently, we need not reach the point of decision as to the remaining five counts. [See: United States v. Romano, 382 U.S. 136, 138, 86 S.Ct. 279, 15 L.Ed. 2d 210 (1965) ; United States v. Gainey, 380 U.S. 63, 65, 85 S.Ct. 754, 13 L.Ed.2d 658 (1965); Lawn v. United States, 355 U.S. 339, 359, 78 S.Ct. 311, 2 L.Ed.2d 321 (1958); Emspak v. United States, 349 U.S. 190, 195, 75 S.Ct. 687, 99 L.Ed. 997 (1955); Hirabayashi v. United States, 320 U.S. 81, 85, 63 S.Ct. 1375, 87 L.Ed. 1774 (1943); Sinclair v. United States, 279 U.S. 263, 49 S.Ct. 268, 73 L.Ed. 692 (1929).]

Affirmed.