David Lee Hill v. United States

We are satisfied that the evidence was sufficient to support appellant’s conviction under 18 U.S.C. § 2113 (a) and (d). We are also satisfied that the pretrial identification of appellant by means of photographs was not so suggestive or conducive to misidentification that the eye-witness identifications of appellant at trial (to which appellant did not object) should have been stricken under the standards established in Simmons v. United States, 390 U.S. 377 , 383-384, 88 S.Ct. 967 , 19 L.Ed.2d 1247 (1968).

We conclude, however, that a remand is required to permit the district court to determine whether the government had in its possession any “statement” with respect to the witness Thomas which was producible under the Jencks Act, 18 U.S.C. § 3500 . Appellant’s counsel sought to inquire whether the government had “any notations that the officers made of any conversations which they had with this witness” prior to trial. The court foreclosed the inquiry on the ground that such notes would not be producible under the Act unless the witness had signed or otherwise adopted or approved them. This was error, for the Act also provides for the production of any recording of “a…