United States v. Donald John Gambert

BOREMAN, Circuit Judge:

Donald John Gambert was convicted on August 2, 1968, of interstate transportation of a stolen motor vehicle in violation of the Dyer Act, 18 U.S.C. § 2312, and was sentenced on August 29, 1968, 1 to imprisonment for two years. This conviction was reversed on appeal and the case was remanded for a new trial because of an improper argument to the jury by the Assistant United States Attorney. 2 Upon retrial, over which a different judge of the same court presided, Gambert was again found guilty and was sentenced to a term of three years.

Appellant attacks his conviction on…