United States v. Anthony Lapierre

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony LaPIERRE, Defendant-Appellant. No. 94-10046. United States Court of Appeals, Ninth Circuit. Submitted March 30, 1995. * Decided April 7, 1995. Before: NORRIS, HALL, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 In 1991, Anthony LaPierre was convicted of three counts of bank robbery in violation of 18 U.S.C. Sec. 2113 (a) and two firearms offenses in violation of 18 U.S.C. Secs. 924 (c)(1) and 922(g)(1). On appeal, we held that LaPierre's Sixth Amendment right to counsel was violated because LaPierre's attorney was not present during the entire pretrial lineup presentation, and that the district court's admission of a police detective's lay opinion as to the identity of the defendant in bank surveillance photographs was an abuse of discretion. United States v. LaPierre, 998 F.2d 1460, 1463-65 (9th Cir.1993). To allow the government to establish by clear and…