Monday, August 04, 2014

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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