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UNITED STATES v. TYLER

No. 78-5567. Summary Calendar.

592 F.2d 261 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Lorenzo TYLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 30, 1979.

Attorney(s) appearing for the Case

Richard L. Taylor (Court-Appointed), Birmingham, Ala., for defendant-appellant.

J. R. Brooks, U. S. Atty., Bill L. Barnett, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.

PER CURIAM:

In this appeal from a bank robbery conviction, defendant's only basic assertion of error concerns the admissibility of identifications of him made at or pursuant to a police station lineup, where he was present without counsel.

Defendant acknowledges the force of the Supreme Court's decision in Kirby v. Illinois, 406 U.S. 682, 689, 92 S.Ct. 1877, 1882, 32 L.Ed.2d 411 (1972), which limited the so-called per...

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