Hill

MEMORANDUM **

Eric Byon Hill appeals his conviction of armed robbery of the American Electronics Association Credit Union. Hill was apprehended by police following a high-speed chase from the site of the robbery. About two hours after the robbery, seven eyewitnesses to the robbery were brought individually to view Hill and his accomplices in an in-field show-up at the scene of the terminated pursuit. At trial, the witnesses identified Hill as one of the robbers. He contends that it was error to permit the witnesses to make in-court identification or testify about the in-field show-up because of the suggestiveness and lack of reliability of the procedure.

We disagree. We review de novo the district court’s ruling denying Hill’s motion to preclude in-court identification. United States v. Love, 746 F.2d 477, 478 (9th Cir.1984). We have noted that a show-up at the scene of the crime will unavoidably be suggestive of guilt to a certain degree. United States v. Kessler, 692 F.2d 584, 585 (9th Cir.1982). Nevertheless, a show-up is permissible unless under a totality of the circumstances the procedure used was so impermissibly suggestive that it created a very substantial likelihood of…