UNITED STATES v. ATKINS

No. 73-1561.

480 F.2d 1223 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lawrence ATKINS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 9, 1973.


Attorney(s) appearing for the Case

Richard H. Muller, Bouneff, Muller, Marshall & Hawkes, Portland, Or., for defendant-appellant.

Sidney I. Lizak, U. S. Atty., Charles H. Turner, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before CHAMBERS, WRIGHT and KILKENNY, Circuit Judges.


PER CURIAM:

The judgment of conviction is affirmed.

Defendant's first point is that the court committed plain error in a supplemental instruction given in response to a request by the jury for classification of one of the issues in the case. No objection to the instruction was made although the court specifically queried the parties regarding its propriety. We find that no plain error was committed.

Defendant's second point is that the sentencing court...

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