United States of America, Plaintiff-appellee, v. Craig Wayne Macdonald, Defendant-appellant, 441 F.2d 259 (9th Cir. 1971)

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US Court of Appeals for the Ninth Circuit - 441 F.2d 259 (9th Cir. 1971) April 20, 1971

William James Zumwalt, San Diego, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., Howard B. Frank, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS, CARTER and WRIGHT, Circuit Judges.


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.