Opinion
No. 26567.
April 13, 1971.
Appeal from the United States District Court for the Central District of California; E. Avery Crary, Judge.
Burton Marks, of Marks, Sherman London, Beverly Hills, Cal., for appellant.
Robert L. Meyer, U.S. Atty., David R. Nissen, Chief, Crim. Div., Brain J. O'Neill, Asst. U.S. Atty., Los Angeles, Cal., for appellee.
Before CHAMBERS, HUFSTEDLER and WRIGHT, Circuit Judges.
The judgment of conviction after remand, 426 F.2d 1304, of this judge-tried case is affirmed.
We hold it was not necessary to have a whole new trial or to let defendant have a second chance with a jury instead of a judge.
A close parallel is found in the case of Campbell v. United States, 365 U.S. 85, 81 S.Ct. 421, 5 L.Ed.2d 428.