Clarence C. Johnson v. United States

BAZELON, Circuit Judge

(dissenting).

I think sound principles of judicial administration dictate that we should withhold decision in this appeal in order to afford appellant the opportunity to file a motion for new trial in the District Court under Rule 33, Fed.R.Crim.P. 18 U.S.C.A. Coplon v. United States, 1951, 89 U.S.App.D.C. 103, 191 F.2d 749, cer-tiorari denied 1952, 342 U.S. 926, 72 *386S.Ct. 363, 96 L.Ed. 690. See also my opinion in Smith v. United States, 1960, 109 U.S.App.D.C. 28, 283 F.2d 607, 610-611, certiorari denied 1961, 364 U.S. 938, 81 S.Ct. 387, 5 L.Ed.2d 369.