439 F2d 155 United States v. Andrews

439 F.2d 155

UNITED STATES of America, Plaintiff and Appellee,
Odell ANDREWS and Willie Sloan, Appellants.

No. 26567.

United States Court of Appeals, Ninth Circuit.

April 13, 1971.

Appeal from the United States District Court for the Central District of California; E. Avery Crary, Judge.

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.

Before CHAMBERS, HUFSTEDLER and WRIGHT, Circuit Judges.


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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.