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

United States v. Andrews

U.S. Court of Appeals for the Ninth Circuit · Decided April 13, 1971

439 F.2d 155 (Federal Reporter, Second Series)

Counsel

Burton Marks, of Marks, Sherman & London, Beverly Hills, Cal., for appellant., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Brain J. O’Neill, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Opinion of the Court

PER CURIAM:

The judgment of conviction after remand, 426 F.2d 1304, of this judge-tried case is affirmed.-

We hold it was not necessary to have a whole new trial or to let defendant have a second chance with a jury instead of a judge.

A close parallel is found in the case of Campbell v. United States, 365 U.S. 85, 81 S.Ct. 421, 5 L.Ed.2d 428.

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