U.S. Court of Appeals for the D.C. Circuit, 1971

United States v. James E. York

U.S. Court of Appeals for the D.C. Circuit · Decided February 5, 1971 · Wright, Robinson, Robb

440 F.2d 252; 142 U.S. App. D.C. 224; 1971 U.S. App. LEXIS 12030 (Federal Reporter, Second Series)

Counsel

Mr. William M. Barnard, Washington, D. C. (appointed by this court) for appellant., Mr. Roger M. Adelman, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. Edwin K. Hall, Asst. U. S. Atty., also entered an appearance for appellee.

Opinion

PER CURIAM:

On the first appeal in this case, we remanded to the District Court for an appropriate determination as to whether there was an independent source for appellant’s in-trial identification by the Government’s principal witness. 1 On the remand, the District Court held an evidentiary hearing and, as delineated in its written opinion, 2 concluded that there was, 3 and that the witness’ pre-arrest photographic identifications of appellant satisfied due process standards. 4 The record amply supports the District Court’s rulings, and for the reasons set forth in its opinion the order now appealed from is

Affirmed.

. United States v. York, 138 U.S.App.D.C. 197, 199, 426 F.2d 1191, 1193 (1969).

. United States v. York, 321 F.Supp. 539 (D.D.C. 1970).

. See United States v. Wade, 388 U.S. 218, 240-241, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967) ; United States v. Kemper, 140 U.S.App.D.C. 47, 433 F.2d 1153 (1970).

. See Simmons v. United States, 390 U.S. 377, 382-386, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968).

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