Souter, J., concurring

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.