Robert Camacho v. United States

This is an appeal by Robert Camacho from a three-count conviction, following a jury trial, of federal bank robbery and related offenses in violation of 18 U.S.C. § 2113 (a), (d) and (e), committed in Phoenix, Arizona, on or about October-19, 1962. Appellant was acquitted by the jury of the charge laid in the fourth count of the superseding indictment, alleging appellant had unlawfully abducted1 William Clore while seeking to avoid apprehension for the above offenses. District Court jurisdiction was founded on 18 U.S.C. § 3231 . This court has jurisdiction under 28 U.S.C. § 1291 . We affirm.

Appellant makes five specifications of error: (1) denial, in part, of appellant’s motions to suppress evidence; (2) rejection as evidence of certain exhibits relied on by appellant for impeachment purposes; (3) unconstitutionality of 18 U.S.C. § 2113 (e) as it relates to appellant’s right of jury trial; (4) denial of appellant’s motion for change of venue based on adverse publicity; (5) comment by the prosecuting attorney in closing argument on appellant’s exercise of his right not to testify.

At approximately 12:30 p. m., October 19, 1962, a lone gunman held up a branch of the Valley…