United States v. Brown, 28801 Summary Calendar.

Decision Date01 May 1970
Docket NumberNo. 28801 Summary Calendar.,28801 Summary Calendar.
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Allen BROWN, a/k/a Carl C. Moore, Defendant-Appellant.
CourtU.S. Court of Appeals — Fifth Circuit

James A. Robbins, Jr., Rome, Ga., for defendant-appellant.

J. Owen Forrester, Jr., Asst. U. S. Atty., John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

This case is placed on the Summary Calendar for disposition on the briefs and record pursuant to Rule 18 of this Court.

The trial judge conducted a hearing outside the presence of the jury and determined that incriminating in-custody statements made by appellant were admissible. The evidence fully supports the judge's conclusion.

Lengthy portions of the prosecutor's oral argument are said to give rise to reversible error. Only one statement was objected to, and the objection to that was sustained. The remaining portions of the argument were only in the most remote and strained sense expressions by the prosecutor of a personal opinion that appellant was guilty, and no objection was made thereto.

We find no error, and the conviction is affirmed.

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4 cases
  • Brown v. United States, 73-1125.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 29, 1973
    ...question as to the alleged communication between juror and witness. Appellant's conviction was affirmed on May 1, 1970, United States v. Brown, 5th Cir.1970, 425 F.2d 728; and on May 6, 1970, Robbins visited appellant in the Atlanta Federal Penitentiary to tell him of the outcome of the app......
  • Brown v. United States, 72-1174 Summary Calendar.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 19, 1972
    ...the sentences were reduced to two years each to be served concurrently. 2 We affirmed the conviction on direct appeal, United States v. Brown, 5 Cir. 1970, 425 F.2d 728. 3 Cf. Randall v. United States, 5 Cir. 1972, 454 F.2d 1132, 1133; Kaufman v. United States, 1969, 394 U.S. 217, 89 S.Ct. ......
  • United States v. Buck, 23257.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 18, 1970
  • Brown v. United States, 30205 Summary Calendar.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 25, 1971
    ...of a Dyer Act offense1 on October 22, 1969. This Court affirmed the judgment of conviction upon Brown's direct appeal, United States v. Brown, 425 F.2d 728 (5th Cir. 1970). One month after our affirmance he filed a motion in the district court seeking a copy of his trial transcript for use ......

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