UNITED STATES v. SMALLWOOD

No. 71-1283.

473 F.2d 98 (1972)

UNITED STATES of America v. Philip SMALLWOOD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 1972.


Attorney(s) appearing for the Case

Mr. David Cobb, Washington, D. C. (appointed by this court), for appellant.

Mr. Charles E. Brookhart, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry, Asst. U. S. Atty., and Daniel E. Toomey, Asst. U. S. Atty. at the time the brief was filed, were on the brief, for appellee. Mr. Harold H. Titus, Jr., U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges.


ROBB, Circuit Judge:

Appellant was convicted by a jury of armed robbery (22 D.C.Code §§ 2901 and 3202) and assault with a dangerous weapon (22 D.C.Code § 502). He was sentenced to concurrent indeterminate terms under the Youth Corrections Act (18 U.S.C. § 5010(b)). On this appeal he contends that his constitutional rights were violated when he was identified by a government witness in a lineup, and later in court. We affirm the judgment.

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