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UNITED STATES v. OTERO-HERNANDEZ

No. 76-118-Cr-J-NCR.

418 F.Supp. 572 (1976)

UNITED STATES of America v. Rolando OTERO-HERNANDEZ.

United States District Court, M. D. Florida.

August 13, 1976.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Jacksonville, Fla.; Michael P. Sullivan and R. Jerome Sanford, Sp. Asst. U. S. Attys., Miami, Fla., for plaintiff.

Thomas Almon, Miami, Fla., for defendant.

MEMORANDUM OPINION

ROETTGER, District Judge.

This matter arises as a result of defendant's motion to suppress an in-court identification of defendant Rolando Otero-Hernandez based upon an out-of-court identification. Unlike the usual manner by which these out-of-court identifications are made: showups, see Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967); lineups, see Kirby v. Illinois, ...

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