United States v. Cutberto Nazario Duran

Ninth Circuit

United States v. Cutberto Nazario Duran

461 F.2d 1096, 1972 U.S. App. LEXIS 8895

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 20, 1972

Docket71-3044

StatusPublished

Cited by1 cases

This text of 461 F.2d 1096 (United States v. Cutberto Nazario Duran) 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.

Bluebook

United States v. Cutberto Nazario Duran, 461 F.2d 1096, 1972 U.S. App. LEXIS 8895 (9th Cir. 1972).

Pincite

Opinion

PER CURIAM:

Duran appeals from his conviction for violation of 18 U.S.C. § 2113(a) (robbery of a national bank). We affirm.

Duran drove the get-away car for one Figueroa, who entered and robbed the bank. The evidence was quite sufficient to sustain the conviction. Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 L.Ed. 680 (1942); United States v. Nelson, 419 F.2d 1237, 1241 (9th Cir. 1969).

Counsel was constitutionally adequate. Wright v. Craven, 412 F.2d 915, 917 (9th Cir. 1969); Borchert v. United States, 405 F.2d 735, 738 (9th Cir. 1968); cert. denied, 394 U.S. 972, 89 S.Ct. 1466, 22 L.Ed.2d 753 (1969); Reid v. United States, 334 F.2d 915 (9th Cir. 1964).

No prejudice was shown from the fact that the trial judge learned of Duran’s prior criminal record at a pretrial discussion of a motion, by Duran, that his bail be reduced. See United States v. Tropiano, 418 F.2d 1069, 1077 (2d Cir. 1969), cert. denied 397 U.S. 1021, 90 S.Ct. 1258, 25 L.Ed.2d 530 (1970).

Affirmed.

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