U.S. Court of Appeals for the Ninth Circuit, 1967

Robert Lewis Banzer v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided January 9, 1967 · Merrill, Koelsch, Mathes

367 F.2d 865 (Federal Reporter, Second Series)

Counsel

Stanley J. Mitchell, Mitchell & O’Leary, Oregon City, Or., for appellant., Sidney I. Lezak, U. S. Atty., Norman Sepenuk, Sp. Asst. U. S. Atty., Portland, Or., for appellee.

Cases that cite this one

1 later published case cites this decision.

Morris Wilbur Lee v. United States (9th Cir. 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

This is an appeal from the judgment' imposed following appellant’s conviction by jury verdict of the six offenses charged in the indictment, all violations of 18 U.S.C. § 2314.

Inasmuch as no error affecting the substantial rights of appellant appears in connection with his conviction on the second count of the indictment [Fed.R. Crim.P. 52(a)], and the sentences on all counts were imposed to commence and run concurrently, we need not reach the point of decision as to the remaining five counts. [See: United States v. Romano, 382 U.S. 136, 138, 86 S.Ct. 279, 15 L.Ed. 2d 210 (1965) ; United States v. Gainey, 380 U.S. 63, 65, 85 S.Ct. 754, 13 L.Ed.2d 658 (1965); Lawn v. United States, 355 U.S. 339, 359, 78 S.Ct. 311, 2 L.Ed.2d 321 (1958); Emspak v. United States, 349 U.S. 190, 195, 75 S.Ct. 687, 99 L.Ed. 997 (1955); Hirabayashi v. United States, 320 U.S. 81, 85, 63 S.Ct. 1375, 87 L.Ed. 1774 (1943); Sinclair v. United States, 279 U.S. 263, 49 S.Ct. 268, 73 L.Ed. 692 (1929).]

Affirmed.

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