United States v. Acox

EASTERBROOK, Chief Judge.

Convicted of bank robbery and sentenced to 65 months’ imprisonment, Edwin Acox presents a single appellate argument: that two employees of the bank should not have been allowed to identify him, because they saw a photo array that “was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentiflcation.” Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968). Acox’s lawyer did not ask the district judge to suppress the out-of-court identifications (the witness’ selections from the photos). His…