United States v. Anthony Leonard Bottom

U.S. Court of Appeals for the Ninth Circuit
United States v. Anthony Leonard Bottom, 469 F.2d 95 (9th Cir. 1972)

United States v. Anthony Leonard Bottom

Opinion

PER CURIAM:

The judgment of conviction is affirmed.

We find there was no abuse of discretion in failing to issue a writ to bring a co-defendant before the court. An affidavit was filed on the date set for trial. The affidavit was wholly conelusory. Further, no excuse is given for the delay in making the request. It is not suggested that Bottom had just learned the whereabouts of the co-defendant. Further, the record would indicate that Bottom had known of the whereabouts of the other defendant.

The affidavit does not meet the test of Greenwell v. United States, 115 U.S. App.D.C. 108, 317 F.2d 108 (1963).

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Anthony Leonard BOTTOM, Defendant-Appellant
Cited By
5 cases
Status
Published