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eBook details

• Title: United States v. Anderson
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 21, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Before BAUER and WOOD, Circuit Judges, and ROSENN, Senior Circuit Judge.* WOOD, Circuit Judge. Defendant Anderson appeals from his conviction (and sentence of ten years incarceration), after a jury trial, of armed bank robbery under 18 U.S.C. § 2113(a), contending that witness' in-court identifications of him were not shown to rest on a basis sufficiently independently of an admittedly illegal lineup, as required under United States v. Wade, 388 U.S. 218, 18 L. Ed. 2d 1149, 87 S. Ct. 1926 (1967); that a photographic array presented to witnesses in the course of the investigation was unnecessarily suggestive and conducive to misidentification, thus denying him due process under Simmons v. United States, 390 U.S. 377, 19 L. Ed. 2d 1247, 88 S. Ct. 967 (1968); and that, even if the conviction were affirmed, the trial court erred in failing to explicitly determine whether defendant could derive benefit from treatment under the Federal Youth Corrections Act. We affirm the conviction, but remand to the district court for the limited purpose of permitting it to determine on the record whether defendant would in fact derive no benefit from treatment under the Act, as his original ruling seemed to suggest.

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