United States v. Anthony Leonard Bottom

Ninth Circuit

United States v. Anthony Leonard Bottom

469 F.2d 95

Court of Appeals for the Ninth Circuit·Decided September 13, 1972·No. 72-1928·Published·Cited by 5 cases

Opinion

PER CURIAM:

The judgment of conviction is affirmed.

We find there was no abuse of discretion in failing to issue a writ to bring a co-defendant before the court. An affidavit was filed on the date set for trial. The affidavit was wholly conelusory. Further, no excuse is given for the delay in making the request. It is not suggested that Bottom had just learned the whereabouts of the co-defendant. Further, the record would indicate that Bottom had known of the whereabouts of the other defendant.

The affidavit does not meet the test of Greenwell v. United States, 115 U.S. App.D.C. 108, 317 F.2d 108 (1963).

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PER CURIAM:

The judgment of conviction is affirmed.

We find there was no abuse of discretion in failing to issue a writ to bring a co-defendant before the court. An affidavit was filed on the date set for trial. The affidavit was wholly conelusory. Further, no excuse is given for the delay in making the request. It is not suggested that Bottom had just learned the whereabouts of the co-defendant. Further, the record would indicate that Bottom had known of the whereabouts of the other defendant.

The affidavit does not meet the test of Greenwell v. United States, 115 U.S. App.D.C. 108, 317 F.2d 108 (1963).

United States v. Anthony Leonard Bottom, 469 F.2d 95 (9th Cir. 1972).

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Opinion

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