Gary David Nelson v. United States

On June 10, 1968, the Supreme Court, noting its decision earlier that day in Roberts v. Russell, 392 U.S. 293 , 88 S.Ct. 1921 , 20 L.Ed.2d 1100 , vacated the judgment of this court, affirming Nelson’s conviction of bank robbery [Nelson v. United States, 375 F.2d 739 (9th Cir. 1967)] and remanded the case for “further consideration in light of Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 .” Nelson v. United States, 392 U.S. 303 , 88 S.Ct. 2062 , 20 L.Ed.2d 1109 (1968). Consistent with that direction this court referred the matter to the district court, which held a hearing and entered findings. The trial judge found that the confession of Wilder, Nelson’s co-defendant, was rendered innocuous because the narrative statements neither mentioned Nelson’s name nor served to earmark or single out any particular person as Wilder’s associate. The judge concluded that the Bruton rule was inapplicable and denied a new trial. This appeal is from that denial.

The record, in our opinion, supports the findings and conclusion, for the confession did little more than reveal that Wilder was aided and abetted by an accomplice, a fact about which there was no…