United States v. Garland James Guidry

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Garland James GUIDRY, Defendant-Appellant. No. 93-50482. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 1994. Decided June 16, 1994. Before: HUG, WIGGINS, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Garland Guidry was convicted of armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a) & (d) and use of a firearm during the commission of a crime of violence in violation of 18 U.S.C. Sec. 924 (c). He appeals his conviction, his sentence, and the order of restitution. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. I. 3 Guidry's first contention is that the district court erroneously allowed Teresa Alarcon to identify Guidry in court because her pretrial photograph identification of him was impermissibly suggestive and unreliable, thereby tainting her later in-court identification. We do not agree. 4 We review the…