UNITED STATES v. SUTTON

No. 72-1653 Summary Calendar.

464 F.2d 552 (1972)

UNITED STATES of America Plaintiff-Appellee, v. Clarence J. SUTTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 24, 1972.


Attorney(s) appearing for the Case

Larry L. Taylor, Columbus, Ga. (court-appointed), for defendant-appellant.

William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.


PER CURIAM:

Sutton, an indigent, appeals from a judgment entered on a jury verdict of guilty of a Dyer Act violation. We have determined that the trial court's failure to hold an ex parte hearing on Sutton's motion under 18 U.S.C.A. § 3006A(e) for authorization to hire an investigator was error, and requires reversal.

The record reveals that at the time of the § 3006A(e) hearing, Sutton's court-appointed counsel objected to the presence of counsel...

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