United States v. John Patrick Flannery

467 F.2d 201

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 15, 1973
• Docket: 72-1657
• Status: Published

Opinion

PER CURIAM:

We find no merit in appellant’s contentions on appeal.

Fingerprints of appellant found in an apartment where the conspirators had gathered and on a vehicle involved in the robbery served to connect him with the crime, in corroboration of the testimony of an accomplice.

Appellant’s trial counsel, as a matter of tactics, chose to call no witnesses in defense, and argued to the jury (as counsel on appeal argue to us) that the Government’s case was impermissibly weak. Appellant is bound by such a rea sonable exercise of professional judgment. Eaton v. United States, 437 F.2d 362 (9th Cir. 1971). There was no need for the court to obtain an express waiver from appellant.

Affirmed.