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UNITED STATES v. O'NEAL

No. CR72-684.

349 F.Supp. 572 (1972)

UNITED STATES of America, Plaintiff, v. Willie B. O'NEAL, Defendant.

United States District Court, N. D. Ohio, E. D.

October 26, 1972.

Attorney(s) appearing for the Case

Edward S. Molnar, Asst. U. S. Atty., Cleveland, Ohio, for plaintiff.

Clarence D. Rogers, Jr., Cleveland, Ohio, for defendant.

MEMORANDUM

BEN C. GREEN, District Judge:

The prosecution has moved for an order "requiring the defendant [Willie B. O'Neal] to be clean-shaven when appearing in an identification lineup". At the present time the defendant, who is in custody having been unable to make bond, has a beard. Such an order is resisted by the defendant on the basis that it would be violative of his Fifth Amendment rights.

The Government's request is predicated upon the following...

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