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U.S. v. FERNANDEZ

No. 87-5028.

839 F.2d 639 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Frank FERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 19, 1988.

Attorney(s) appearing for the Case

Thomas A. Hagemann, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Joseph F. Walsh, Los Angeles, Cal., for defendant-appellant.

Before BROWNING, Chief Judge, SKOPIL, and KOZINSKI, Circuit Judges.

PER CURIAM:

Frank Fernandez was indicted and tried for bank robbery in violation of 18 U.S.C. § 2113(a). In cross-examination of F.B.I. Agent Thomas Bateman, defense counsel sought to elicit a post-arrest statement Fernandez made to Bateman in which Fernandez denied committing the robbery. The court sustained the government's objection that the question sought to elicit hearsay.

Since the statement was not to be used against Fernandez, Fernandez acknowledges...

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