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U.S. v. GREGORY

No. 88-1192.

891 F.2d 732 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Jay GREGORY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1989.

Attorney(s) appearing for the Case

Bedford Douglass, Jr., Mesa, Ariz., for defendant-appellant.

Darcy A. Cerow, Linda A. Akers, Asst. U.S. Attys., Phoenix, Ariz., for plaintiff-appellee.

Before CHOY, CANBY and NORRIS, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Donald J. Gregory appeals his conviction for one count of bank robbery in violation of 18 U.S.C. § 2113(a). Gregory contends that the district court erred by not instructing the jury on the lesser included offense of bank larceny and by not suppressing identification evidence and statements elicited by police questioning.

I

LESSER INCLUDED OFFENSES

Gregory...

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