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United States v. Smith

United States Court of Appeals, Ninth Circuit
Mar 10, 1970
423 F.2d 1290 (9th Cir. 1970)

Opinion

No. 22684.

March 10, 1970.

Volney v. Brown, Jr., Beverley Hills, Cal., for appellant.

Michael J. Lightfoot, Asst. U.S. Atty., Robert L. Brosio, Asst. U.S. Atty., Wm. Matthew Byrne, Jr., U.S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, TUTTLE and BROWNING, Circuit Judges.

The Honorable Elbert P. Tuttle, United States Circuit Judge, Fifth Circuit, sitting by designation.


Appellant Smith was convicted of nine counts of bank robbery (unarmed).

His point is that those witnesses who identified him had their ultimate identification tainted by beforehand examination of sets of photographs containing Smith's picture. Of course, no one was present representing Smith.

We have examined the evidence and do not find that the procedures offend United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178; or Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247.

The facts here are quite akin to those in United States v. Bennett, 2 Cir., 409 F.2d 888.

The judgment of conviction is affirmed.


Summaries of

United States v. Smith

United States Court of Appeals, Ninth Circuit
Mar 10, 1970
423 F.2d 1290 (9th Cir. 1970)
Case details for

United States v. Smith

Case Details

Full title:UNITED STATES of America, Plaintiff and Appellee, v. Willie Lee SMITH…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 10, 1970

Citations

423 F.2d 1290 (9th Cir. 1970)

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