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U.S. v. SMITH

No. 88-2817.

888 F.2d 720 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Stan SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 3, 1989.

Attorney(s) appearing for the Case

Steve Kotz, Asst. U.S. Atty., (William L. Lutz, U.S. Atty., and Paula G. Burnett, Asst. U.S. Atty., with him on the brief) Albuquerque, N.M., for plaintiff-appellee.

William D. Fry, Asst. Federal Defender, Las Cruces, N.M., for defendant-appellant.

Before McKAY, SEYMOUR, and MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Petitioner Stan Smith appeals from his conviction of bank robbery in violation of 18 U.S.C. § 2113. Mr. Smith contends that the trial court erred by not giving a cautionary jury instruction regarding the testimony of John Heller, a paid informant and rebuttal witness. After reviewing the trial record, we conclude that even if rejection of the defendant's instruction was erroneous, any error was harmless beyond a reasonable doubt...

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