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UNITED STATES v. CALDWELL

No. 71-1059.

465 F.2d 669 (1972)

UNITED STATES of America v. Gary CALDWELL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 1972.

Attorney(s) appearing for the Case

Mr. Howard Monderer, Washington, D. C. (appointed by this court), for appellant.

Mr. Herbert B. Hoffman, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Richard L. Cys, Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold H. Titus, Jr., U. S. Atty., also entered an appearance for appellee.

Before LEVENTHAL and ROBB, Circuit Judges, and MATTHEWS, U. S. Senior District Judge for the District of Columbia.

PER CURIAM:

This is an appeal from concurrent sentences, 6 months to 5 years, following a trial wherein appellant, Gary Caldwell, was convicted on two counts of robbery (22 D.C.Code § 2901) of a High's Dairy store, once on January 26, and once on February 2, 1970.

We are concerned with the District Court's denial of appellant's motion to compel the holding of a lineup attended by the identification witnesses...

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