United States v. Castro-Caicedo, No. 13-1046 (1st Cir. 2014)
Annotate this CaseDefendant, a Colombian national, was convicted of participating in a conspiracy to import cocaine to the United States. Prior to trial, Defendant moved to suppress an identification that he argued had been obtained by a highly suggestive means. The district court denied the motion, finding that the means used to obtain the identification was unduly suggestive but that the identification was still reliable enough to put to the jury. Defendant appealed, arguing, among other things, that the government’s use of the identification at trial violated his constitutional right to due process. The First Circuit affirmed, holding (1) the district court did not err in finding that the method of obtaining the identification was problematic but that there was reason enough to credit the identification to permit a jury to decide its worth; and (2) Defendant’s remaining allegations of error were without merit.
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