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U.S. v. BARKER

No. 92-10135.

988 F.2d 77 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Richard BARKER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1993.

Attorney(s) appearing for the Case

Arthur Allen, argued, John C. Lambrose, Asst. Federal Public Defender, Las Vegas, NV, for defendant-appellant.

Howard J. Zlotnick, argued, Thomas M. O'Connell, Asst. U.S. Atty., Las Vegas, NV, for plaintiff-appellee.

Before: NORRIS, BEEZER, and KLEINFELD, Circuit Judges.

BEEZER, Circuit Judge:

Defendant Gregory Richard Barker appeals his convictions on three counts of bank robbery under 18 U.S.C. § 2113(a) (1992). He claims that the prosecutor acted improperly in having a prosecution witness view a photo of a lineup after Barker had been indicted when Barker's counsel was not present and when Barker was not given notice of the identification before trial. He also asserts that the district court abused its discretion in allowing...

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