United States v. Fisher

Defendant Leory 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). Fishers 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 arrested without probable cause and that the identification was a product of the unlawful arrest. We agree that the motion to suppress should have been granted on this ground, and we vacate the judgment and remand to permit Fisher to withdraw his guilty plea.