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U.S. v. HARVEY

No. 92-50678.

3 F.3d 1294 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Terry HARVEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1993.

Attorney(s) appearing for the Case

Clare S. Phillips, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Alicia Y. Blanco, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Before NOONAN, FERNANDEZ and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

Terry Harvey appeals his conviction and sentence for bank robbery in violation of 18 U.S.C. § 2113(a). He claims the district court erred in: (1) finding police officers were conducting a valid investigatory stop at the time they detained and searched him; (2) finding the officers' pat-down search within the permissible scope of a Terry frisk; and (3) failing to entertain Harvey's collateral attack on one of his prior convictions...

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