United States of America, and v. Gary Lee Wickham, And

Ninth Circuit

United States of America, and v. Gary Lee Wickham, And

462 F.2d 1375, 1972 U.S. App. LEXIS 8052

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 4, 1972

Docket71-3073

StatusPublished

This text of 462 F.2d 1375 (United States of America, and v. Gary Lee Wickham, And) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States of America, and v. Gary Lee Wickham, And, 462 F.2d 1375, 1972 U.S. App. LEXIS 8052 (9th Cir. 1972).

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Opinion

PER CURIAM:

The judgment of conviction is affirmed in this case of robbery of a bank by coercive means. (Here, under a threat made *1376 over the telephone by Wickham, the bank manager carried the money to a nearby public telephone booth.)

The two main contentions concern incidents surrounding the return of part of the loot by Wickham and a small photo display shown to eventual witnesses.

We find the points to be without merit. The first point we find akin to plea bargaining after proper Miranda warnings had been made. Further Wickham at the moment had temporary counsel. The impetus on the disclosure of the location of the money came from the defendant, which the attorney submitted.

The photo-spread point is covered by Allen v. Rhay, 431 F.2d 1160 (9th Cir. 1970), as well as many subsequent cases of this court. A reliance upon a statement of the trial judge about the photo-spread, in context, we find of no aid to Wickham.

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