U.S. v. EMANUELE

No. 94-3283.

51 F.3d 1123 (1995)

UNITED STATES of America, v. Joseph Arthur EMANUELE, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 28, 1995.


Attorney(s) appearing for the Case

Thomas S. White, Federal Public Defender, Michael D. Bartko (argued), Karen S. Gerlach, Asst. Federal Public Defenders, Pittsburgh, PA, for appellant.

Frederick W. Thieman, U.S. Atty., Bonnie R. Schlueter, Asst. U.S. Attys., Pittsburgh, PA, John T. Bannon, Jr. (argued), General Litigation & Legal Advice Section, Criminal Div., Washington, DC, for appellee.

Before: SCIRICA, ROTH, and SAROKIN, Circuit Judges.


OPINION OF THE COURT

SAROKIN, Circuit Judge:

Defendant was convicted of two counts of bank robbery in violation of 18 U.S.C. § 2113(a). He appeals on the grounds that as to the central issue, identification, the district court erred by (1) permitting in-court identification testimony by the two key witnesses, after they had observed defendant in shackles escorted by U.S. Marshals and then discussed his identity; (2) denying the defendant's motion for...

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