United States v. Stephen Raboy

MEMORANDUM

Appellant Stephen Ross Raboy (“Ra-boy”) seeks reversal of his jury conviction for three bank robberies. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Raboy argues that the photographic lineup used by law enforcement violated his due process rights because his picture was the only one showing a person with a ponytail. Thus, he argues that the photo lineup was impermissibly suggestive and tainted the subsequent in-court identification testimony.

Even were the pre-trial identification procedure impermissibly suggestive, the totality of the circumstances indicates that the eyewitness identifications of Ra-boy had sufficient aspects of reliability. See United States v. Bagley, 772 F.2d 482, 492 (9th Cir.1985) (“If under the totality of the circumstances the identification is sufficiently reliable, identification testimony may properly be allowed into evidence even if the identification was made pursuant to an unnecessarily suggestive procedure.”); see also Manson v. Brathwaite, 432 U.S. 98, 106 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977). All three bank robberies occurred during the daytime. The five witnesses had ample opportunity to view Ra-boy, one-on-one,…