UNITED STATES v. SCHOORE

No. 71-1117.

449 F.2d 348 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Edwin Harold SCHOORE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 26, 1971.


Attorney(s) appearing for the Case

George Haverstick, San Diego, Cal., for appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., Thomas M. Coffin, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before HAMLEY, ELY, and HUFSTEDLER, Circuit Judges.


PER CURIAM:

Appellant appeals from his conviction upon two counts for conspiracy to transport aliens in violation of 18 U.S.C. § 371 and for transporting aliens in violation of 8 U.S.C. § 1324. The dispositive issue is whether or not an in-court identification of appellant was tainted by a preceding and impermissibly suggestive photographic identification.

Seven aliens were found in appellant's car. All of the aliens were interrogated and were shown...

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