U.S. Court of Appeals for the Ninth Circuit, 1970

United States of America, and v. Willie Lee Smith

U.S. Court of Appeals for the Ninth Circuit · Decided March 10, 1970 · Chambers, Tuttle, Browning

423 F.2d 1290; 1970 U.S. App. LEXIS 10372 (Federal Reporter, Second Series)

Counsel

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.

Cases that cite this one

4 later published cases cite this decision.

United States v. Charles J. Ash, Jr. (D.C. Cir. 1972)
State v. Brookins (Mo. 1971)
United States v. Kermidas (District Court, M.D. Pennsylvania 1971)
United States v. Donald Joseph Alan Fitzpatrick (2d Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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