Souter, J., concurring BRYAN v. UNITED STATES ____ U. S. ____ (1998) SUPREME COURT OF THE UNITED STATES No. 96–8422

SILLASSE BRYAN, PETITIONER v. UNITED STATES

on writ of certiorari to the united states court of appeals for the second circuit

[June 15, 1998]

Justice Souter, concurring

I join in the Court’s opinion with the caveat that if petitioner had raised and preserved a specific objection to the erroneous statement in the jury instructions, see Part V, ante, at 15–16, I would vote to vacate the conviction.