United States v. Richard Harrison Russell

McCREE, Circuit Judge.

Appellant was convicted of armed bank robbery, 18 U.S.C. § 2113(a), (d), and sentenced to concurrent twenty year terms. The principal question on appeal is whether the district judge erred in refusing to suppress the in-court identification of appellant by three witnesses. Appellant contends that the identifications were tainted by government action that created a “very substantial likelihood of irreparable mis-identification.” Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247, 1253 (1968).

On June 17, 1971, two black males, one tall and one…