United States v. Donald Wayne Rich A/k/a, Lyle Lunceford

In a jury trial, the appellant, Rich, whose real name is Lyle E. Lunceford, was convicted of bank robbery and of assaulting a person or putting into jeopardy the life of a person by the use of a dangerous weapon in the course of committing that robbery. 18 U.S.C. § 2113 (d) (1976). He was sentenced to prison for a term of twenty-five years.

The appellant filed a pretrial motion to suppress evidence discovered in searches of a motel room and his apartment and to suppress his incriminating statements that he alleged to be fruits of the searches. The District Court denied the motion. Appellant then filed a motion for a lineup, which was denied, although a lineup was subsequently held pursuant to an agreement of counsel. The lineup later served as the basis for appellant’s motion to suppress an in-court identification, and appellant joined in a motion of a codefendant, his brother Robert Lunceford, to depose the government witnesses who had viewed the lineup. Appellant also filed a motion in limine to prevent the prosecution from referring to his alias on the ground that such reference was prejudicial and irrelevant. All of these motions were denied.

Here, the appellant presents…