United States v. Gregory H. Valenzuela

CHAMBERS, Circuit Judge:

Appellant seeks reversal of two convictions for armed bank robbery arguing the district court erred in 1) failing to suppress the in-court identification of defendant by Lane, a bank teller, and 2) in granting the government’s motion requesting defendant to be clean shaven at trial.

I. Did the district court err in failing to suppress the in-court identification of defendant?

The First Interstate Bank was robbed by a lone gunman who approached Lane, a bank teller. The robbery lasted three to four minutes and the gunman stood three feet from Lane. After the robbery, Lane…