United States of America, Plaintiff-appellee, v. Robert Doffice Brodala, Defendant-appellant, 86 F.3d 1164 (9th Cir. 1996)

Before: GOODWIN and SCHROEDER, Circuit Judges, ARMSTRONG,^*  District Judge.

MEMORANDUM^** 

The sole issue presented in this appeal is whether the district court erred by denying appellant's motion to suppress the in-court and out-of-court identifications of appellant made by four bank employees. Appellant argues that the show-up procedure used to obtain the initial out-of-court identifications was impermissibly suggestive. We find that the show-up procedure employed in this case was nearly identical to the procedure which we approved in United States v. Kessler, 692 F.2d 584 (9th Cir. 1982). In light of our decision in Kessler, id., we hold that the identification procedure employed here was not "so impermissibly suggestive as to give rise to a substantial likelihood of mistaken identity." Id. at 585.

Having concluded that the show-up procedure employed in this case was proper, we need not decide whether the witnesses' identifications were reliable. See United States v. Bagley, 772 F.2d 482, 493 (9th Cir. 1985).

AFFIRMED.