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United States of v. Edward W. West

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ARGUED OCTOBER 21, 2010-DECIDEDDECEMBER30, 2010

Before EASTERBROOK, Chief Judge, and MANION and HAMILTON, Circuit Judges.

Edward W. West was charged with two counts of armed bank robbery in violation of 18 U.S.C. §§ 2113(a) and (d), and two counts of using a firearm during a crime of violence in violation of 18 U.S.C. § 924(c). West moved to suppress an in-custody lineup identification on the grounds that the lineup violated his Sixth Amendment right to counsel and that the lineup was unduly suggestive. The district judge granted the motion, finding that the lineup was conducted without counsel for West. The court concluded, however, that the lineup witnesses would be allowed to make in-court identifications. West then entered a conditional plea of guilty and was sentenced to 230 months’ imprisonment.

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