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U.S. v. ACOX

No. 09-1258.

595 F.3d 729 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Erwin ACOX, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 2010.

Attorney(s) appearing for the Case

Margaret A. Hickey, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Thomas L. Shriner, Jr., Laura S. Kwaterski, Attorney (argued), Foley & Lardner, Milwaukee, WI, Erwin Acox, Oxford, WI, for Defendant-Appellant.

Before EASTERBROOK, Chief Judge, and CUDAHY and MANION, Circuit Judges.

EASTERBROOK, Chief Judge.

Convicted of bank robbery and sentenced to 65 months' imprisonment, Edwin Acox presents a single appellate argument: that two employees of the bank should not have been allowed to identify him, because they saw a photo array that "was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification." Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967...

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