United States v. Alton Parker Henderson, United States of America v. Kenneth Stewart

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alton Parker HENDERSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Kenneth STEWART, Defendant-Appellant. Nos. 91-50451, 91-50458. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided July 22, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Alton Parker Henderson and Kenneth Stewart appeal the denial of their motion to suppress identification evidence. They argue that the use of a field show-up identification procedure violated due process. Henderson and Stewart also appeal their sentences. We affirm in part and dismiss in part. STATEMENT OF CASE 3 The Security Pacific National Bank in Moreno Valley was robbed on March 19, 1991 by two robbers. The first robber drew a gun, pulled a ski mask over his face, and announced the robbery. The second robber, who did not wear a mask, passed…