United States v. Cannon

DECISION

HODGSON, Chief Judge:

Appellate defense counsel argue that the trial judge erred by refusing to give a defense requested instruction on inter-racial identification by eye-witnesses. They contend that such an instruction is crucial when identification is a primary issue in the case.

*675The underlying facts in the case before us are not disputed. The appellant, a black airman, was convicted of stealing $105.00 from the credit union account of a fellow service member by using the victim’s Automatic Teller Machine (ATM) card to withdraw the money. Earlier that same evening both the appellant…