United States v. James E. Jackson

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was convicted by a jury of armed robbery 1 and assault on the robbery victim with a dangerous weapon. 2 This appeal focuses upon the victim’s pretrial and in-trial identifications of appellant, and evidentiary emanations assertedly indicative of his involvement in other criminality. We vacate the conviction on the assault count 3 and affirm on the robbery count.

I. THE FACTUAL BACKGROUND

Late one night, Alfreda Lillian Butler entered her apartment building and noticed two men in the basement. As she walked toward her apartment on the second…