U.S. v. HENDERSON

No. 94-10449.

68 F.3d 323 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Terry L. HENDERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 12, 1995.


Attorney(s) appearing for the Case

Edward W. Swanson, Assistant Federal Public Defender, San Francisco, California, for defendant-appellant.

Eduardo G. Roy, Assistant United States Attorney, San Francisco, California, for plaintiff-appellee.

Before: BEEZER and THOMPSON, Circuit Judges, and EZRA, District Judge.


DAVID R. THOMPSON, Circuit Judge:

Terry L. Henderson appeals his convictions for bank robbery. He contends the district court abused its discretion under Federal Rules of Evidence 701 and 403 by allowing a police officer to testify that Henderson was the person shown robbing two banks in surveillance photographs taken during the robberies. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

FACTS AND PROCEDURAL BACKGROUND

Terry...

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