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MENDOZA-ACOSTA v. UNITED STATES

No. 21754.

430 F.2d 516 (1970)

Patricio MENDOZA-ACOSTA a/k/a Guadalupe H. Aguilar, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1970.

Attorney(s) appearing for the Case

Mr. Marshall E. Miller, Washington, D. C. (appointed by this court), for appellant at the hearing following remand.

Mr. William H. Collins, Jr., Asst. U. S. Atty., for appellee.

Before PRETTYMAN and DANAHER, Senior Circuit Judges, and WRIGHT, Circuit Judge.

PER CURIAM:

Following argument we remanded pursuant to our opinion1 that a supplemental hearing might be had. We were concerned for no Stovall2 inquiry had been conducted at trial, and there was no record upon which to determine whether identification testimony in court related back to an independent source or had stemmed from an unnecessarily suggestive confrontation3 on...

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