U.S. Court of Appeals for the Ninth Circuit, 1972

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

United States of America, and v. Gary Lee Wickham, And
U.S. Court of Appeals for the Ninth Circuit · Decided August 4, 1972 · Chambers, Koelsch, Copple
462 F.2d 1375; 1972 U.S. App. LEXIS 8052 (Federal Reporter, Second Series)

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

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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