United States v. Floyd Masterson

Floyd Masterson appeals from a conviction for bank robbery, in violation of 18 U.S.C. § 2113 (a). We affirm.

Masterson was charged in a three-count indictment with the robbery of three banks, each count concerning a separate robbery. Trial was before a jury. At the close of the presentation of evidence, the court granted Masterson’s motion for judgment of acquittal as to Count Two on the ground of insufficiency of evidence. The case then went to the jury, which found Masterson guilty as to Count One and not guilty as to Count Three.

Masterson contends that the trial court erred by refusing to: (1) grant the defense’s motion to suppress evidence seized from Masterson’s home at the time of his arrest; (2) give special jury instructions proposed by Masterson on eyewitness identification; and (3) permit Masterson’s counsel to refer in his closing argument to surveillance photographs of the bank robbery charged in Count Two, which had already been dismissed.

Suppression of Evidence

Masterson was arrested at his home during the early morning hours of September 12, 1974. After announcing their presence and identities and requesting entry, police officers broke into the home…