United States v. Pete Young Buffalo, A/K/A Peter Brent Zauner

Young Buffalo was convicted by a jury on a fifteen count indictment charging him with seven bank robberies ( 18 U.S.C. § 2113 (a)), seven counts of using a firearm in the commission of a felony ( 18 U.S.C. § 924 (a)), and one count of being a felon in possession of a firearm (18 U.S.C. App. § 1202(a)(1)).

He seeks reversal of his conviction because much of the evidence used to convict him was the product of a search authorized by a warrant issued on the strength of an affidavit containing material misstatements by the affiant. He also contends that, because FBI agents destroyed notes of interviews with witnesses to the first bank robbery, those witnesses should have been barred from testifying. Finally, he argues that admission of lay opinion on his resemblance to a photograph of the bank robber constitutes reversible error.

We are not persuaded that the court erred on any issue raised by appellant and we affirm the conviction.

FACTS

Between December 7, 1976, and April 21, 1977, seven bank robberies occurred in or around Portland, Oregon. In each the perpetrator wore a ski mask or a nylon stocking over his face, coveralls or other loose fitting clothing, and in most cases,…