United States v. Kenneth Irvin Counce

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Irvin COUNCE, Defendant-Appellant. No. 90-50588. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1992. * Decided June 29, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Irvin Counce appeals his conviction, following a jury trial for three counts of armed bank robbery, in violation of 18 U.S.C. §§ 2113 (a) and (d), and three counts of knowingly using and carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c). Counce contends that he was denied due process of law because bank employees' identification testimony was tainted by an unduly suggestive pretrial photospread. He also contends that he received ineffective assistance of counsel during his trial. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. I. Pretrial Photo Identification 3 Counce…