Carrillo-Valenzuela

United States v. Carrillo-Valenzuela

Good Law
177 F. App'x 763
United States Court of Appeals for the Ninth CircuitApril 28, 2006No. 05-10504California451 words

Opinion

lead Opinion

MEMORANDUM **

Richard Carrillo-Valenzuela appeals his conviction of eight robberies. Because the parties are familiar with the facts, we do not restate them.

I.

Since substantial evidence established Carrillo-Valenzuela’s identity as the robber, we need not consider the photo array. Witnesses at trial identified him as the person who committed the robberies. One witness observed and spoke with Carrillo-Valenzuela during two separate robberies approximately one month apart. A witness to another robbery testified that Carrillo-Valenzuela came into her store to buy some items and shortly returned to rob the store. Witnesses to Carrillo-Valenzuela’s other robberies also had ample opportunity to observe him and identified the distinctive handgun he used in the robberies. Given the totality of the circumstances, the identification of Carrillo-Valenzuela was sufficiently reliable. United States v. Montgomery, 150 F.3d 983, 993 (9th Cir.1998).

II.

The district court did not abuse its discretion in allowing testimony of Carrillo-Valenzuela’s use of a false name. Evidence of false names is generally admissible to show consciousness of guilt or intent to evade law enforcement. United…

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