United States v. Gregory Alan Morton, AKA Michale Arnold Lopez Hugo Alvarado McFarland AKA Estevan Vincencio

67 F.3d 310 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gregory Alan MORTON, aka Michale Arnold Lopez; Hugo Alvarado McFarland, aka Estevan Vincencio, Defendant-Appellant. No. 94-50508. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 10, 1995. Decided Sept. 21, 1995. Before: THOMPSON, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM * I. OVERVIEW 2 Gregory Alan Morton appeals his convictions on seven counts of bank robbery in violation of 18 U.S.C. Sec. 2113 (a). He also appeals his 380-month sentence. We affirm Morton's conviction, but remand to the district court for resentencing. II. DISCUSSION A. Eyewitness Identification 3 We review de novo the constitutionality of pretrial identifications. United States v. Simoy, 998 F.2d 751, 752 (9th Cir.1993) (citing United States v. Givens, 767 F.2d 574, 580 (9th Cir.)), cert. denied, 474 U.S. 953 (1985). We "determine whether the procedure was so…