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U.S. v. FOX

No. 96-5348 Non-Argument Calendar.

140 F.3d 1384 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Charles FOX, John Franklin, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 13, 1998.

Attorney(s) appearing for the Case

Julio Gutierrez, Miami, FL, for Fox.

Kathleen M. Williams, R. Fletcher Peacock, Fed. Pub. Defenders, Miami, FL, for Franklin.

Dawn Bowen, Susan H. Ponzoli, Evelio J. Yera, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON and BARKETT, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

Charles Fox and John Franklin appeal from their convictions and sentences for conspiracy to commit bank robbery and carrying or using a firearm during and in relation to a crime of violence. The only issue raised by Fox on appeal is whether the trial court erred in failing to grant his motion to suppress his pre-trial identification by a bank teller on the grounds that the photographic line-up used was unduly...

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