UNITED STATES v. VALEZ

No. 72-1086.

467 F.2d 600 (1972)

UNITED STATES of America, Appellee, v. Leo Junior VALEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 3, 1972.


Attorney(s) appearing for the Case

Benjamin J. Smith, Minneapolis, Minn., for appellant.

J. Earl Cudd, Asst. U. S. Atty., Minneapolis, Minn., Robert G. Renner, U. S. Atty., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, MEHAFFY, Circuit Judge, and DENNEY, District Judge.


VAN OOSTERHOUT, Senior Circuit Judge.

The primary issue raised by this appeal by the defendant Valez is whether the in-court identification of Valez by bank employees as the perpetrator of an armed robbery of the Midwest Federal Savings & Loan Association, in violation of 18 U.S.C. § 2113(a) and (d), is based on an independent source other than tainted lineup identification.

The trial court held a full evidentiary hearing upon the basis of a remand...

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