United States v. Melvyn Rick Miller

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Melvyn Rick MILLER, Defendant-Appellant. No. 91-10381. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1992. Decided April 27, 1992. Before GOODWIN, SCHROEDER and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Melvyn Miller appeals his jury conviction for bank robbery in violation of 18 U.S.C. § 2113 (a) on three grounds: (1) that it was error to admit in-court identifications by three bank employees; (2) that it was error to admit FBI agent testimony that, when asked if he had robbed the bank, Miller neither admitted nor denied guilt and said it would be "awful dumb" to admit the robbery; and (3) that it was error to admit FBI agent testimony that Miller said the figure in a bank surveillance photo looked like him. Because we find nothing suggestive about this identification process, and because Miller waived his right to remain silent,…