United States v. Ralph Joseph Avendano, Jr.

The judgment of conviction in this case involving two counts related to bank robbery and one count of use of a telephone for false threats is affirmed.

The double jeopardy argument is rejected under Haddad v. United States, 349 F.2d 511 (9th Cir. 1965), cert. denied, 382 U.S. 896 , 86 S.Ct. 193 , 15 L.Ed. 2d 153 (1965).

We find the evidence quite sufficient.

We find no abuse of discretion in permitting a confederate to testify out of order at the second trial and no abuse of discretion in the denial of the motion for new trial.