United States v. Leo Jacobs

FAHY, Senior Circuit Judge:

This is an appeal from a judgment of conviction of robbery 1 and assault with a dangerous weapon. 2 We affirm notwithstanding an instruction with which we are not in agreement. We affirm because no objection was made to the instruction, and in the context of the case as a whole the error, though we deem it plain, did not affect a substantial right of the appellant. Thus we are not called upon to reverse under the discretion residing in the court under Rule 52(b), Fed.R.Crim.P.

The instruction advised the jury to, Consider all of the evidence that you have heard in…