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UNITED STATES v. KABAT

No. 78-5108.

586 F.2d 325 (1978)

UNITED STATES of America, Appellee, v. Carl KABAT, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 13, 1978.

Attorney(s) appearing for the Case

Norman A. Townsend, Raleigh, N. C. (Sebastian K. D. Graber, Arlington, Va., on brief), for appellant.

C. Forrest Bannan, Dept. of Justice, Washington, D. C. (William B. Cummings, U. S. Atty., Leonie M. Brinkema, Asst. U. S. Atty., Alexandria, Va. and Raymond W. Philipps, Sp. Asst. U. S. Atty., Washington, D. C., on brief), for appellee.

Before WINTER and RUSSELL, Circuit Judges, and COWEN, Senior Judge.

PER CURIAM:

Carl Kabat, having purportedly waived his rights to counsel and to trial by the district court, was convicted by a magistrate for willful injury to government property. Kabat appealed unsuccessfully to the district court on the ground that the magistrate's failure to give him all of the advice prescribed by Rule 2(b) of the Magistrates Rules rendered his conviction invalid and that his waivers of counsel and of trial in the district court were ineffective...

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