United States v. Anthony Whitewater

SHEPHERD, Circuit Judge.

In the early morning hours of May 2, 2016, a passenger in a Chrysler Pacifica fired multiple rounds at a Chevrolet Tahoe traveling from the Winnebago Indian Reservation to the' Omaha Indian Reservation. A federal jury convicted Anthony Whitewater as the shooter. The sole issue on áppeal is whether the district court 1 erred in allowing evidence at trial from the photo lineup used to identify Whitewater. Whitewater claims the photo lineup was imper-missibly suggestive. We find it was not and affirm the district court.

I

Around 1:30 a.m. on the morning of the shooting,…