United States v. Pierce Hill

Ninth Circuit

United States v. Pierce Hill

454 F.2d 283, 1972 U.S. App. LEXIS 11677

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 24, 1972

Docket71-1503

StatusPublished

This text of 454 F.2d 283 (United States v. Pierce Hill) 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.

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United States v. Pierce Hill, 454 F.2d 283, 1972 U.S. App. LEXIS 11677 (9th Cir. 1972).

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Opinion

PER CURIAM:

This appeal questions the validity of a conviction for armed bank robbery after a trial before a judge and jury. The statute violated was 18 U.S.C. § 2113(a), (d). We affirm.

The appellant relies upon his contention that the evidence was insufficient to support the conviction and that certain evidence was admitted in violation of his Fourth Amendment rights. *284 On the first issue the appellant was positively identified by two eye witnesses to the crime. In addition, a small address book was found near the place inside the Federal Credit Union where appellant put his attache case on the floor and removed gags from it which he used to gag two employees. The address book had his fingerprints on it. While being taken to the police station after his arrest the appellant remarked to the police:

“You guys never would have made me if I hadn’t dropped my address book at the place during the robbery.” The argument based upon the insufficiency of evidence is without merit. United States v. Nelson, 419 F.2d 1237 (9th Cir. 1969).

No objection was made at the time of trial to the introduction of the evidence which is now claimed to have been illegally seized. Neither was there any motion made to suppress it. Absent plain error, therefore, this contention may not be raised for the first time on appeal. United States v. McCarthy, 430 F.2d 1289 (9th Cir. 1970). There was no plain error here.

The judgment is affirmed.

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PER CURIAM:

This appeal questions the validity of a conviction for armed bank robbery after a trial before a judge and jury. The statute violated was 18 U.S.C. § 2113(a), (d). We affirm.

The appellant relies upon his contention that the evidence was insufficient to support the conviction and that certain evidence was admitted in violation of his Fourth Amendment rights. *284 On the first issue the appellant was positively identified by two eye witnesses to the crime. In addition, a small address book was found near the place inside the Federal Credit Union where appellant put his attache case on the floor and removed gags from it which he used to gag two employees. The address book had his fingerprints on it. While being taken to the police station after his arrest the appellant remarked to the police:

“You guys never would have made me if I hadn’t dropped my address book at the place during the robbery.” The argument based upon the insufficiency of evidence is without merit. United States v. Nelson, 419 F.2d 1237 (9th Cir. 1969).

No objection was made at the time of trial to the introduction of the evidence which is now claimed to have been illegally seized. Neither was there any motion made to suppress it. Absent plain error, therefore, this contention may not be raised for the first time on appeal. United States v. McCarthy, 430 F.2d 1289 (9th Cir. 1970). There was no plain error here.

The judgment is affirmed.

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454 F.2d 283, 1972 U.S. App. LEXIS 11677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-pierce-hill-ca9-1972.

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