U.S. Court of Appeals for the Ninth Circuit, 1971

United States v. Alvin Harrison Peterson

United States v. Alvin Harrison Peterson
U.S. Court of Appeals for the Ninth Circuit · Decided March 22, 1971 · Carter, Koelsch, Per Curiam, Wright
435 F.2d 1313 (Federal Reporter, Second Series)

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.

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