UNITED STATES of America, Plaintiff-Appellee, v. Terry L. HENDERSON, Defendant-Appellant

Terry L. Henderson appeals his convictions for bank robbery. He contends the district court abused its discretion under Federal Rules of Evidence 701 and 403 by allowing a police officer to testify that Henderson was the person shown robbing two banks in surveillance photographs taken during the robberies. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS AND PROCEDURAL BACKGROUND

Terry L. Henderson was charged with three counts of unarmed bank robbery in violation of 18 U.S.C. § 2113 (a). The first count charged Henderson with robbing California Savings and Loan, the second with robbing Bank of America, and the third with robbing Bank of the West. Henderson was found guilty of the first and third counts, and acquitted of the second.

The issue in the two counts of conviction pertains to Henderson’s identification as the bank robber. With regard to the first count, the government called one eyewitness, a bank teller, who testified she did not have a good look at the robber’s face, and was unable to identify Henderson as the robber. With regard to the third count, the government called two eyewitnesses to the robbery. Both identified Henderson as the…