Victor Salgado Salgado v. United States

WOODBURY, Chief Judge

(dissenting).

It seems to me that the errors now asserted on behalf of the defendant could readily have been cured at the trial had his counsel embraced his clear opportunity seasonably to make known to the court the action which he desired the court to take or his objection to the action of the court and the grounds therefor as required by Criminal Rule 51, 18 U.S.C. To be sure Criminal Rule 52(b), restatin preexisting law, authorizes appellate courts to notice plain errors or defects affecting substantial rights even though not brought to the attention of the court. The errors or defects here complained of, if plain, do not impress me as substantial within the meaning of the Rule. I agree with the statement in United States v. Sansone, 2 Cir., 1956, 231 F.2d 887, 891, certiorari denied 1956, 351 U.S. 987, 76 S.Ct. 1055, 100 L.Ed. 1500, that our discretionary power to notice errors not brought to the attention of the trial court should “not be exercised to reverse a conviction based on ample evidence unless the errors have seriously prejudiced the defendant or affected the fairness, integrity, or public reputation of judicial proceedings.” I would affirm.