United States v. James A. Tellez

Good Law
72 F.3d 136·1995 WL 745968·1995 U.S. App. LEXIS 40670
United States Court of Appeals for the Ninth CircuitDecember 14, 199594-10573California2,717 words

Opinion

Opinion

72 F.3d 136 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. James A. TELLEZ, Defendant-Appellant. No. 94-10573. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided Dec. 14, 1995. 1 Before: SCHROEDER and ALARCON, Circuit Judges, and WHALEY, * District Judge. 2 MEMORANDUM ** 3 James A. Tellez was found guilty by jury of robbery committed at the Arizona Central Credit Union on January 11, 1994. The Government relied on eye witness testimony to connect him to the crime. Evidence seized before and after his warrantless arrest on May 7, 1994 was introduced at his trial, over his objection. 4 He seeks reversal of the judgment of conviction on the following grounds: 5 One. The district court erred in denying his motion to suppress the evidence seized by the arresting officers. 6 Two. The district court erred in finding that the pretrial identification procedure did not render the in-court…

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