UNITED STATES v. BOTTOM

No. 72-1928.

469 F.2d 95 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Leonard BOTTOM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 13, 1972.


Attorney(s) appearing for the Case

John J. Davids (argued), of Conklin, Davids & Friedman, San Francisco, Cal., for defendant-appellant.

John G. Milano, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS and CHOY, Circuit Judges, and BYRNE, District Judge.


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 conclusory. 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...

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