UNITED STATES v. LEE

Nos. 81-2084, 81-2086, 81-2380 and 81-2381.

700 F.2d 424 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Edward LEE and Donald Lee Wells, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 22, 1983.

Certiorari Denied June 13, 1983.


Attorney(s) appearing for the Case

Richard G. MacDougall, Salt Lake City, Utah, for defendant-appellant Wells.

Edward K. Brass, Salt Lake City, Utah, filed a brief, for defendant-appellant Lee.

Stewart C. Walz, Asst. U.S. Atty., Salt Lake City, Utah (Brent D. Ward, U.S. Atty., Salt Lake City, Utah, with him on brief), for plaintiff-appellee.

Before McWILLIAMS, LOGAN and SEYMOUR, Circuit Judges.


Certiorari Denied June 13, 1983. See 103 S.Ct. 3094.

SEYMOUR, Circuit Judge.

Charles Edward Lee and Donald Lee Wells were convicted by a jury of armed bank robbery under 18 U.S.C. §§ 2, 2113(a), (d) (1976). On appeal they challenge the admission of certain evidence from an allegedly unconstitutional search, the use of a photo array, and the district court's failure to order a new trial on the basis of newly discovered evidence. We affirm.

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