United States v. Alvin Harrison Peterson

U.S. Court of Appeals for the Ninth Circuit
United States v. Alvin Harrison Peterson, 435 F.2d 1313 (9th Cir. 1971)
Carter, Koelsch, Per Curiam, Wright

United States v. Alvin Harrison Peterson

Opinion

PER CURIAM:

The “concurrent sentences” rule first announced in Sinclair v. United States, 279 U.S. 263, 299, 49 S.Ct. 268, 73 L.Ed. 692 (1929) and consistently adhered to *1314 by the Supreme Court (Lawn v. United States, 355 U.S. 339, 359, 78 S.Ct. 311, 2 L.Ed.2d 321 (1958), Greene v. United States, 358 U.S. 326, 330, 79 S.Ct. 340, 3 L.Ed.2d 340 (1959)) makes unnecessary any examination into appellant’s sole assignment of error which attacks the validity of one of several convictions under a multi-count indictment.

We have nevertheless considered the assignment; granted the criticized instruction should not have been given, the conclusion is manifest that the error was harmless. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).

Affirmed.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Alvin Harrison PETERSON, Defendant-Appellant
Cited By
2 cases
Status
Published