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UNITED STATES v. SERA-LEYVA

No. 23630.

433 F.2d 534 (1970)

UNITED STATES of America v. Toribio A. SERA-LEYVA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

August 28, 1970.

Attorney(s) appearing for the Case

Mr. Robert M. Price, Washington, D.C. (appointed by this Court), was on the brief for appellant. Mr. Leslie Scherr, Washington, D. C. (appointed by this Court), also entered an appearance for appellant.

Messrs. Thomas A. Flannery, U.S. Atty., John A Terry and Kenneth Michael Robinson, Asst.U.S.Attys., were on the brief for appellee.

Before FAHY, Senior Circuit Judge, and McGOWAN and LEVENTHAL, Circuit Judges, in Chambers.

PER CURIAM.

This appeal from a jury conviction of armed robbery is before us for final resolution after a remand for a supplementary hearing. Sera-Leyva v. United States, 133 U.S.App.D.C. 125, 409 F.2d 160 (1969). The issue requiring remand was a challenge to the victim's in-court identification of appellant as tainted by two pretrial identifications, one from photographs and the other at the U. S. Commissioner's office. We asked...

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