United States v. Larry Hammond, A/K/A Larry Hoover , 605 F.2d 862 ( 1979 )

VANCE, Circuit Judge,

dissenting.

The majority’s extended opinion answers one but not both of the concerns that prompted my original dissent.

The trial court committed no error. On appeal Hammond did not ask for a new trial. Our inviting him to accept an unrequested new trial is a judicial approach that I am unwilling to take. I would therefore affirm the conviction.