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U.S. v. RINCON

No. 90-50491.

28 F.3d 921 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Hugo RINCON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided: June 17, 1994.

Attorney(s) appearing for the Case

Neison M. Marks, Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant.

Alejandro N. Mayorkas, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: Chief Judge WALLACE, TROTT, and T.G. NELSON, Circuit Judges.

Opinion by Judge T.G. NELSON.

T.G. NELSON, Circuit Judge:

I

OVERVIEW

Hugo Rincon (Rincon) was convicted on two counts of unarmed bank robbery. On Rincon's first appeal to this court, he contended that the district court erred in refusing to admit expert testimony regarding the reliability of eyewitness identification. We affirmed the district court's exclusion of that expert testimony in United States v. Rincon (Rincon I),

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