UNITED STATES v. RUSSELL

No. 75-1642.

532 F.2d 1063 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Harrison RUSSELL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 30, 1976.


Attorney(s) appearing for the Case

William E. Jackson (Court-appointed CJA), Grand Rapids, Mich., for defendant-appellant.

Frank S. Spies, U. S. Atty., Robert C. Greene, Grand Rapids, Mich., for plaintiff-appellee.

Before EDWARDS, PECK and McCREE, Circuit Judges.


McCREE, Circuit Judge.

Appellant was convicted of armed bank robbery, 18 U.S.C. § 2113(a), (d), and sentenced to concurrent twenty year terms. The principal question on appeal is whether the district judge erred in refusing to suppress the in-court identification of appellant by three witnesses. Appellant contends that the identifications were tainted by government action that created a "very substantial likelihood of irreparable misidentification." Simmons...

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