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UNITED STATES v. CALDWELL

No. 72-1926.

481 F.2d 487 (1973)

UNITED STATES of America v. Gary E. CALDWELL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1973.

Attorney(s) appearing for the Case

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

John C. Lenahan, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Richard L. Cys, Asst. U. S. Attys., and Herbert B. Hoffman, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before: McGOWAN and LEVENTHAL, Circuit Judges, and GESELL, United States District Judge for the District of Columbia.

PER CURIAM:

The circumstances giving rise to this appeal are set forth in the opinion issued when the case was before us earlier. United States v. Caldwell, 151 U.S.App.D.C. 84, 465 F.2d 669 (1972). At that time we expressed concern about the fact that the trial court had apparently denied appellant's pretrial motion to hold a lineup upon a misconception of what the facts were.1 Accordingly, we remanded...

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