(concurring).
I concur, except that I think it is putting it too strongly to say that the prosecution must prove “beyond a reasonable doubt” that the denial of the procedural safeguard did not prejudice the defendant.
I may add that I am not sure I understand why any judicial review at all is available here, under the decisions in Falbo v. United States, 1944, 320 U.S. 549, 64 S.Ct. 346, 88 L.Ed. 305, and Mason v. United States, 9 Cir., 1955, 218 F.2d 375. But I pass the point by on the assumption that the government would have raised the issue if there were anything to it.