United States v. Heard, No. 18-3411 (8th Cir. 2020)Annotate this Case
The Eighth Circuit affirmed defendant's conviction for possessing a firearm, possessing with intent to distribute a controlled substance, possessing a firearm in furtherance of a drug trafficking crime, and possessing a stolen firearm. The court held that there was no error in admitting eyewitness identification evidence, because the show-up identification was not impermissibly suggestive and the identification was reliable; the district court did not abuse its discretion by failing to instruct the jury on eyewitness identification where the government's case did not rest solely on questionable eyewitness identification; there was no Sixth Amendment violation of defendant's right to counsel where the district court allowed defendant to give his own closing argument, defendant was still represented by counsel and received advice, there was no duty to conduct a Faretta hearing, and defendant knowingly and intelligently waived his right to counsel; and the evidence was sufficient to support defendant's conviction.