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SERA-LEYVA v. UNITED STATES

No. 20619.

409 F.2d 160 (1969)

Toribio A. SERA-LEYVA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 18, 1969.

Attorney(s) appearing for the Case

Mr. Anthony E. Grimaldi, Washington, D. C. (appointed by this court), for appellant.

Mr. Barry F. Greenberg, Attorney, Department of Justice, with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker, Asst. U. S. Atty., and Allan M. Palmer, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This is an appeal from a robbery conviction resulting in a four to twelve year sentence. The only matter raised on appeal that gives us concern is whether the pre-trial confrontation between the main prosecution witness and defendant deprived the defendant of due process, and we remand for fuller exploration of the circumstances.1

The Government's case rested...

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