UNITED STATES v. SCHWARTZENBERGER

No. 71-1504.

457 F.2d 380 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Raymond SCHWARTZENBERGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 25, 1972.


Attorney(s) appearing for the Case

Howard M. Belove, San Francisco, Cal., (argued), Berkeley, Cal., for defendant-appellant.

Douglas McBroom, Asst. U.S. Atty. (argued), Stan Pitkin, U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before MERRILL, BROWNING and ELY, Circuit Judges.


PER CURIAM:

Appellant, convicted of bank robbery, 18 U.S.C. § 2113(a) 2 and 3, challenges the District Court's denial of change of venue sought by him on the ground of pretrial publicity. His challenge on due process grounds must be rejected under the standards set forth in Gawne v. United States, 409 F.2d 1399 (9th Cir.1969). The publicity complained of was routine, factual, unemotional and wholly lacking in inflammatory content...

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