Opinion
No. 71-1636.
Submitted December 17, 1971.
Decided February 4, 1972.
Byrd R. Brown, Pittsburgh, Pa., for appellant.
Richard L. Thornburgh, U.S. Atty., Pittsburgh, Pa. (Kathleen Kelly Curtin, Asst. U.S. Atty., on the brief), for appellee.
Appeal from the United States District Court for the Western District of Pennsylvania; Wallace S. Gourley, Judge.
Before BIGGS, VAN DUSEN and HUNTER, Circuit Judges.
OPINION OF THE COURT
The plaintiff appellant Farries was found guilty of bank robbery on both counts of a two-count indictment, 18 U.S.C. §§ 2113(a) and 2113(d), the latter count being based on the putting in jeopardy certain bank employees. He was incorrectly sentenced on September 28, 1966, but was finally sentenced on May 17, 1971. The sentences first imposed were vacated, 3 Cir., 439 F.2d 781, and Farris was sentenced on Count 2, no sentence being imposed on Count 1.
Farries has raised a number of grounds for reversal none of which is sound. There is no error in the record which affects any substantial rights of Farries. See Rule 52(a), Fed.R.Crim. Proc. 18 U.S.C.
Farries has argued, inter alia, that the trial court erred in its instruction to the jury on the elements required to establish a violation of 18 U.S.C. § 113(d), that the trial court improperly admitted into evidence both the money identified as the proceeds of the robbery and testimony concerning this money, that his arrest, detention and placement in a line-up violated his constitutional rights, and that he was denied the effective assistance of counsel.
Consequently, the judgment of conviction will be affirmed.