United States v. Byron Jamerson

35 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Byron JAMERSON, Defendant-Appellant. No. 90-50689. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 1994. Decided Aug. 31, 1994. Before: HUG, WIGGINS, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Byron Jamerson ("Appellant") appeals his conviction for possession of controlled substances with intent to distribute, distribution of controlled substances, and conspiracy. Appellant alleges several different species of trial error. We find at least one reversible error, vacate Appellant's conviction, and remand for new trial. I. Pre-Trial Identification 3 Appellant argues that the pre-trial identification was so suggestive as to taint the in-court identification. We take this argument to include the argument that testimony regarding the out-of-court identification also should have been excluded. Appellant objected to the in-court identification…