United States of America, and v. Willie Lee Smith

Ninth Circuit

United States of America, and v. Willie Lee Smith

423 F.2d 1290, 1970 U.S. App. LEXIS 10372

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 10, 1970

Docket22684_1

StatusPublished

Cited by5 cases

This text of 423 F.2d 1290 (United States of America, and v. Willie Lee Smith) 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. Willie Lee Smith, 423 F.2d 1290, 1970 U.S. App. LEXIS 10372 (9th Cir. 1970).

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Opinion

PER CURIAM:

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.

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