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UNITED STATES v. McDONALD

No. 79-5257.

620 F.2d 559 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. James Ray McDONALD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 3, 1980.

Attorney(s) appearing for the Case

Arthur Parker, Birmingham, Ala., for defendant-appellant.

Herbert H. Henry, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before COLEMAN, Chief Judge, FRANK M. JOHNSON, Jr. and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

James Ray McDonald was convicted by a jury on one count of dealing in counterfeit currency in violation of 18 U.S.C. § 473 and on one count of conspiring to deal in counterfeit currency in violation of 18 U.S.C. § 371. On appeal he claims the prosecutor transgressed his Sixth Amendment right to counsel by eliciting testimony that his lawyer was present when Secret Service agents executed a search warrant at his home and by commenting...

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