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UNITED STATES v. HACKLEY

No. 79-1531.

636 F.2d 493 (1980)

UNITED STATES of America, v. Wilbert E. HACKLEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 1980.

Attorney(s) appearing for the Case

Dennis M. O'Keefe, Washington, D. C., for appellant.

Richard C. Bicki, Washington, D. C., a member of the bar of the Supreme Court of Rhode Island, pro hac vice, by special leave of Court, with whom Carl S. Rauh, U. S. Atty.* and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on brief, for appellee.

Before TAMM and MacKINNON, Circuit Judges, and OBERDORFER, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge MacKINNON.

Dissenting opinion filed by Circuit Judge TAMM.

MacKINNON, Circuit Judge:

Hackley was found guilty of attempted bank robbery,1 18 U.S.C. § 2113(a) in the District of Columbia on the basis of stipulated facts which had been produced by the Government in opposition to motions to suppress testimony and identification. On appeal appellant claims that the court erred...

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