United States v. Anthony Victor Simas

95 F.3d 1160 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anthony Victor SIMAS, Defendant-Appellant. No. 95-10221. United States Court of Appeals, Ninth Circuit. Submitted Aug. 13, 1996. * Decided Aug. 27, 1996. Before: BOOCHEVER, JOHN T. NOONAN, Jr., and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 On March 17, 1994, the Government charged Anthony Simas ("Simas") with two counts of armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d). A jury found Simas guilty on the count relating to the robbery of First Interstate Bank on June 19, 1992. 3 Simas appeals the conviction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 1. The Pretrial Encounter 4 Simas argues that his pretrial encounter with one witness during a preliminary hearing in state court was so impermissibly suggestive that it tainted the witness' subsequent identification testimony and thereby denied Simas due process of law.…