Lopez

United States v. Lopez

Good Law
96 F. App'x 557
United States Court of Appeals for the Ninth CircuitMay 17, 2004No. 03-10266; D.C. No. CR-02-5050-AWICalifornia716 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Trinidad Lopez (“Lopez”) was convicted of manufacturing methamphetamine and of conspiracy to manufacture and distribute methamphetamine. He appeals his convictions and 235-month sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

I.

Lopez challenges the identification testimony of two trial witnesses, Jennifer Bredberg and Detective Stanley Barron. We begin with the Bredberg identification.

Bredberg identified Lopez in a video that had been shot by Detective Barron on the day of the police raid and in a still photograph drawn from that video. We need not decide whether these identifications followed from impermissibly suggestive pretrial or trial procedures because we conclude that Bredberg’s testimony was sufficiently reliable under the totality of the circumstances. See United States v. Bagley, 772 F.2d 482, 492 (9th Cir.1985) (“If under the totality of the circumstances the identification is sufficiently reliable, identification testimony may properly be allowed into evidence even if the identification was made pursuant to an unnecessarily suggestive procedure.”); see also Neil v. Biggers, 409 U.S. 188, 199-200…

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