Everett D. Green v. United States

PRETTYMAN, Circuit Judge

(dissenting) .

I would affirm in this case. I agree with the Government’s contention, as stated by the court, that even if the instruction was in error the trial judge in giving it “treated Green more favorably than he deserved, just as in the Goodall case.” In the language of Rule 52(a) of the Criminal Rules, the error “does not affect substantial rights” of the defendant and should “be disregarded.”