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UNITED STATES v. MEARS

No. 79-1671.

614 F.2d 1175 (1980)

UNITED STATES of America, Appellee, v. Richard Eugene MEARS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1980.

Rehearing and Rehearing Denied March 5, 1980.

Attorney(s) appearing for the Case

Philip M. Moomaw, Asst. Federal Public Defender, Springfield, Mo., argued and made rebuttal and Thomas M. Bradshaw, Acting Federal Public Defender, Kansas City, Mo., on brief, for appellant.

Michael A. Jones, Asst. U. S. Atty., Springfield, Mo., argued, Ronald S. Reed, Jr., U. S. Atty., Kansas City, Mo., on brief, for appellee.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 5, 1980.

ROSS, Circuit Judge.

Richard Eugene Mears appeals from his conviction under the Dyer Act, 18 U.S.C. § 2312, for the interstate transportation of stolen motor vehicles.

On appeal, Mears contends that the district court1 erred: (1) in admitting an in-court identification of Mears which he claims was tainted by an impermissibly suggestive photospread; (2) in refusing...

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