Anthony F. Long v. United States

LEVENTHAL, Circuit Judge:

In this appeal from a conviction for robbery and assault with a deadly weapon, appellant contends that it was error to permit in-court identifications by the victim and his son, in view of a previous squad room identification that *801took place in the absence of counsel. We agree that this confrontation reflected a violation of appellant’s rights under Wade v. United States, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967), but affirm since there is an “independent source” for the identification by the victim, William Hayden, and in the context of the Government’s…