United States v. Michael John Sanders

OPINION OF THE COURT PER CURIAM: This ease is before the court on an appeal from a judgment of conviction entered after a jury verdict of guilty of the three counts of an indictment charging violations of 18 U.S.C. § 2113(a), (b) and (d). After careful consideration 1 of the record and Judge Masterson’s opinion of February 9, 1971, 322 F.Supp. 947 (E.D.Pa.), 2 the judgment of conviction will be affirmed. Footnotes [1] All the contentions made in defendant’s brief, as well as the points made on defendant’s behalf during the oral argument, liave been considered and rejected. [2] We agree witli Judge Masterson (p. 4a of Document 46, supra) that the appointment, prior to the appointment of trial counsel, of an attorney associated with the Defender Association to represent the defendant at the line-up under the circumstances of this case was a proper “practice ... to accommodate the dictates of Wade [United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967)] with practical necessities.” Cf. United States ex rel. Reed v. Anderson, 461 F.2d 739 (3d Cir. 1972).