United States v. Moose

Fourth Circuit Court of Appeals

Argued April 7, 1970.

Decided April 13, 1970.

Fourth Circuit Court of Appeals · decided 1970-04-13

Cited by 2 later decisions — most recently September 1971

2 counsel of record

Applies 18 U.S.C. § 2312

Relies on United States v. Orito

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-04-13

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¶1James Ralph Phillips, Gastonia, N. C. (court-appointed counsel) for appellant.

¶2Bruce B. Briggs, Asst. U. S. Atty. (Keith S. Snyder, U. S. Atty., on brief) for appellee.

¶3Before BRYAN, CRAVEN and BUTZ-NER, Circuit Judges.

¶4PER CURIAM.

¶5The dominant error assigned on this appeal of Herman Danny Moose is the District Court’s appointment of the same attorney to represent him and his wife when they were jointly tried on an indictment charging them jointly with the interstate transportation of a stolen motor vehicle in violation of 18 U.S.C. § 2312. The trial was begun in the Federal District Court for the Western District of North Carolina on July 28, 1969. On the next day the husband voluntarily pleaded guilty and his plea duly accepted. Acquittal of the wife was ordered.

¶6Our examination of the record discloses no ground for overturning the conviction and sentence of the appellant.

¶7Affirmed.