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U.S. v. RATTLER

No. 05-3103.

475 F.3d 408 (2007)

UNITED STATES of America, Appellee v. Clyde Lacy RATTLER, A/K/A Clyde Lacy Ratier, A/K/A Runabout, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 6, 2007.

Attorney(s) appearing for the Case

Neil H. Jaffee, Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer, Federal Public Defender.

Stratton C. Strand, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III and Jeanne M. Hauch, Assistant U.S. Attorneys.

Before: ROGERS and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

The question on appeal is whether the district court erred in denying Clyde Lacy Rattler's motion to suppress identification evidence that was the product of photographic and show-up identification procedures. Rattler contends that because the repeated display of his photograph to bank employees increased the danger of misidentification and he stood out in the photo array and show...

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