The following excerpt is from U.S. v. Cambindo Valencia, 609 F.2d 603 (2nd Cir. 1979):
18 Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), is also the lodestar for review of nonconstitutional errors in federal criminal cases, holding that unless "the judgment was not substantially swayed" or "influenced" by the alleged error, "it is impossible to conclude that substantial rights were not affected." Id. at 765, 66 S.Ct. at 1248. See Note, Harmless Error: The Need for a Uniform Standard, 53 St. John's L.Rev. 541, 556-57 (1979).
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