United States v. Anthony Leonard Bottom
This text of 469 F.2d 95 (United States v. Anthony Leonard Bottom) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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469 F.2d 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-anthony-leonard-bottom-ca9-1972.