Robert S. Egger v. United States

Egger appeals from a denial of his motion to vacate sentence brought under 28 U.S.C. § 2255 . Appellant, a practicing attorney, was convicted of receiving and possessing money stolen in a bank robbery as prohibited by 18 U.S.C. § 2113 and of conspiring to do so in violation of 18 U.S.C. § 371 . His conviction was affirmed in United States v. Egger, 470 F.2d 1179 (9th Cir. 1972); cert. denied, Egger v. United States, 411 U.S. 954 , 93 S.Ct. 1931 , 36 L.Ed.2d 416 (1973).

Appellant raises five separate issues by this appeal:

1. Did the District Court err in holding that any violations of Appellant’s Fifth Amendment privilege against self-incrimination constituted harmless error beyond a reasonable doubt?

2. Did the Court err in ruling that Appellant’s absence from side-bar conferences between Court and counsel did not violate F.R.Crim.P. 43 or Appellant’s Sixth Amendment right to be present at the critical stages of his trial?

3. Did the Court err in finding no evidence of prosecutorial misconduct sufficient to constitute a denial of Appellant’s Fifth Amendment right to Due Process?

4. Did the Court err in ruling that Jury Instruction Number 26 was not plain error?

5.…