U.S. v. KIMBALL

No. 94-3168.

73 F.3d 269 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. James B. KIMBALL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 26, 1995.


Attorney(s) appearing for the Case

S.A. (Tim) Scimeca, Wichita, Kansas, for Defendant-Appellant.

Robin D. Fowler, Assistant United States Attorney (Randall K. Rathbun, United States Attorney, District of Kansas, with him on the brief), Kansas City, Kansas, for Plaintiff-Appellee.

Before EBEL, LOGAN and BRISCOE, Circuit Judges.


LOGAN, Circuit Judge.

Defendant James B. Kimball appeals from his conviction after a jury trial on charges of bank robbery, in violation of 18 U.S.C. § 2113(a). He contends that (1) the district court erred in admitting evidence of his prior incarceration, (2) the in-court identification procedure was improperly suggestive and prejudicial, and (3) the district judge should have disqualified himself pursuant to 28 U.S.C. § 455(a) for lack of impartiality...

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