United States v. Craig Wayne MacDonald

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.