United States v. Leroy Fisher

KEARSE, Circuit Judge:

Defendant Leroy Fisher appeals from a judgment of conviction entered in the United States District Court for the Western District of New York, before Charles L. Brieant, Jr., Judge (sitting by designation), following his plea of guilty to a single count of bank larceny in violation of 18 U.S.C. § 2113(b) (1976).1 Fisher’s plea was entered pursuant to a court-approved agreement preserving his right to appeal the denial by the district court, John T. Elfvin, Judge, of his motion to suppress a pretrial identification of him on the ground, inter alia, that he had been…