UNITED STATES of America, Plaintiff-Appellee, v. Ronald David JONES, Jr., Defendant-Appellant

Defendant Ronald David Jones, Jr. appeals his jury conviction for armed bank robbery, 18 U.S.C. § 2113 (a) & (d), use or carrying of a firearm during commission of a crime of violence, 18 U.S.C. § 924 (c)(1), and being a felon in possession of a firearm, 18 U.S.C. § 922 (g)(1). Jones makes four arguments on appeal: (1) his curbside identification by three bank employees was so unduly suggestive it violated his due process rights; (2) there was no probable cause for his arrest; (3) there was insufficient evidence presented at trial to support the finding that he possessed or used a firearm during the robbery; and (4) he was denied a fair trial because statements the prosecutor made in his closing argument were improper and prejudicial.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm Jones’s conviction.

I

FACTS

On January 5, 1994, a man with a mustache entered the Grossmont Branch of Wells Fargo Bank in San Diego. He was wearing blue pants, a blue jacket, sunglasses and a baseball cap. He also appeared to be wearing a wig of brown hair. When he reached the teller, Ms. Seal, he gave her a note which said, “This is a robbery. I have a gun. Don’t push any alarms.…