United States v. Hugo Rincon

Hugo Rincon was convicted on two counts of unarmed bank robbery. On appeal, he contends that the district court erred in refusing to admit expert testimony regarding the reliability of eyewitness testimony. He also argues the district court committed error when it allowed the jury to view Rincon next to a surveillance photograph after jury deliberations had begun.

The district court had jurisdiction pursuant to 18 U.S.C. § 3231 (1988). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

I. FACTS AND PROCEDURAL HISTORY

The indictment charged Rincon with the robbery of two different banks on different days in April, 1988. The demand note in each robbery was the same: “This is a robbery. Don’t make it a murder. Give me all the money now.” The robber wore sunglasses during the first robbery, and in the second, the robber spoke Spanish and wore a baseball cap.

The teller at the first bank was unable to make an in-court identification, but had picked Rincon out of a photo spread three to four months after the robbery. Four witnesses testified to Rincon’s identity as the robber of the second bank. One witness made an in-court…