United States v. Craig Wayne MacDonald

Ninth Circuit

United States v. Craig Wayne MacDonald

441 F.2d 259, 1971 U.S. App. LEXIS 10643

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 20, 1971

Docket71-1184_1

StatusPublished

Cited by10 cases

This text of 441 F.2d 259 (United States v. Craig Wayne MacDonald) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Craig Wayne MacDonald, 441 F.2d 259, 1971 U.S. App. LEXIS 10643 (9th Cir. 1971).

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Opinion

PER CURIAM:

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.

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PER CURIAM:

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.

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Bluebook (online)

441 F.2d 259, 1971 U.S. App. LEXIS 10643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-craig-wayne-macdonald-ca9-1971.

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