Akins

United States v. Akins

Good Law
102 F. App'x 88
United States Court of Appeals for the Ninth CircuitJune 22, 2004No. 03-10053California1,329 words

Opinion

Lead Opinion

MEMORANDUM *

Reginald Akins appeals his conviction and sentence for armed robbery (two counts), use of a firearm in furtherance of a crime of violence (two counts), and felon in possession of a firearm. The conviction stems from two separate robberies of the same branch of the Bank of America within less than a month. Akins raises four arguments on appeal: (1) the bank teller’s in-court identification of Akins was unduly suggestive; (2) the district court abused its discretion in denying Akins’s Daubert motion challenging fingerprint evidence; (3) the evidence against him was insufficient as a matter of law; and (4) the district court erred at sentencing in determining that Akins was a career offender and applying an enhancement for brandishing a gun. We affirm the conviction and sentence.

I.

At trial, over Akins’s objection, bank teller Jennifer Navarrete identified Akins. She had not previously been asked to identify him in a pretrial lineup or photo spread. Navarrete testified that Akins looked “similar” to the man she saw climbing the fence outside the bank after the first robbery on May 24, 2001. We review for abuse of discretion the district court’s decision to admit…

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