United States v. Eric Germaine Turner

59 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eric Germaine TURNER, Defendant-Appellant. No. 94-50198. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Eric Germaine Turner appeals his conviction and 87-month sentence imposed following a jury trial for bank robbery, in violation of 18 U.S.C. Sec. 2113 (a). Turner contends: (1) he received ineffective assistance of counsel because his attorney failed to challenge pretrial identification procedures; and (2) the district court erred by failing to resolve factual disputes as required by Fed.R.Crim.P. 32. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. 3 * Ineffective Assistance of Counsel 4 Turner contends that his trial attorney rendered ineffective assistance of counsel because he failed to file a motion to suppress evidence of…