US v. Carr, No. 12-50082
(Christen with Pregerson and Berzon).
Remember
"Reservoir Dogs," Quentin Tarantino's violent film about a bank
robbery gone bad? This appeal is from a
robbery not quite as violent but there was a takedown, gun fire and a chase (no
one was injured though). The appeal
argues that the introduction of the pre-identification was error. The 9th goes through the test of whether it
was unduly suggestive. It finds that it
was not unduly or impermissibly suggestive, and that the jury could weigh the
credibility of one of the codefendants in identifying the robbers who did wear
masks. The 9th also affirmed the element
of forced accompaniment, and applied it to all the codefendants. The district court acquitted on one defendant
having a gun (924(c)) and that was affirmed.
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