United States of America, and v. Willie Lee Smith

U.S. Court of Appeals for the Ninth Circuit
United States of America, and v. Willie Lee Smith, 423 F.2d 1290 (9th Cir. 1970)
1970 U.S. App. LEXIS 10372

United States of America, and v. Willie Lee Smith

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff and Appellee, v. Willie Lee SMITH, Appellant
Cited By
5 cases
Status
Published