UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
CRAIG WAYNE MACDONALD, DEFENDANT-APPELLANT

9th Cir. | 1971-04-20
No. 71-1184
441 F.2d 259 United States Court of Appeals for the Ninth Circuit (1971)
Cited by 4 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

MacDonald appeals from his jury conviction and sentence for bank robbery with a deadly weapon in violation of 18 U.S.C. § 2113(a) (d). We affirm.

First, MacDonald argues that the trial judge erred in denying his motion to require the government to conduct a pretrial lineup. The decision on such a motion is a matter committed to the sound discretion of the trial judge. United States v. Williams (9 Cir. 1970), 436 F. 2d 1166. “Absent abuse of that discretion resulting in procedure ‘so unnecessarily suggestive and conducive to irreparable mistaken identification’ as to amount to a denial of due process of law * * * we should not question the trial judge’s ruling.” Williams, supra, 436 F. 2d at 1168-1169. There is no showing of abuse of discretion here.

Second, MacDonald’s argument that the trial judge unduly restricted his cross-examination of the identifying witness is wholly without support in the record.

The judgment of conviction is affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw