Valenzuela

ORDER

The defendant, Gregory Valenzuela, has been indicted on two counts of bank robbery in violation of 18 U.S.C. § 2113 (a), (d). Defendant now wears a large, bushy mustache and a small, rough goatee, which effectively cover his lower face. Surveillance photographs taken during the bank robberies in question show the perpetrator as clean shaven. The government has moved that Valenzuela be ordered to shave for trial to allow the jury and the witnesses to better compare the defendant’s appearance with the surveillance photos.

Defendant objects to this motion, claiming that forcing him to shave would violate his First Amendment rights and his right to a fair trial. Valenzuela does not claim that the government’s motion would violate his privilege against self-incrimination. See United States v. Dionisio, 410 U.S. 1 , 93 S.Ct. 764 , 35 L.Ed.2d 67 (1973).

It is well established that a criminal defendant can be required to shave. United States v. Lamb, 575 F.2d 1310 (10th Cir.), cert. denied, 439 U.S. 854 , 99 S.Ct. 165 , 58 L.Ed.2d 160 (1978); United States v. Crouch, 478 F.Supp. 867, 869 (E.D.Cal.1979). Valenzuela argues that in all published cases ordering a defendant to shave,…