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UNITED STATES v. EVANS

Nos. 71-2009, 71-2010.

459 F.2d 481 (1972)

UNITED STATES of America, Appellee, v. Kenzell R. EVANS, Appellant. UNITED STATES of America, Appellee, v. Melvin Eugene JENKINS, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1972.

Attorney(s) appearing for the Case

H. Russell Smouse, Baltimore, Md. (Court-appointed), for appellant Kenzell R. Evans.

Harold Buchman, Baltimore, Md. (Court-appointed), for appellant Melvin Eugene Jenkins.

Charles G. Bernstein, Asst. U. S. Atty. (George Beall, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WINTER, Circuit Judge.

HAYNSWORTH, Chief Judge:

We adhere to our view that one held in custody on an unrelated charge has no right to counsel at the time of his photographic identification as a participant in another crime. United States v. Canty, 430 F.2d 1332 (4th Cir. 1970); United States v. Collins, 416 F.2d 696 (4th Cir. 1969); United States v. Marson, 408 F.2d 644 (4th Cir. 1968)...

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