United States Tenth Circuit

A bank robbery conviction and life sentence is affirmed where: 1) a probation officer's testimony, which identified defendant as the robber from surveillance footage, was helpful to the jury and thus complied with Rule 701 of the Federal Rules of Evidence because she identified him based on her prior familiarity with his appearance; 2) her testimony also complied with Rule 403 and the Sixth Amendment because he had wide latitude to cross-examine the officer as he saw fit; and 3) a sentencing challenge was squarely foreclosed.

Appellate Information

• Decided 08/18/2008
• Published 08/19/2008

Judges

• EBEL, Circuit Judge., Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Todd Hotchkiss, Frechette & Associates, P.C., Albuquerque, NM, for Defendant-Appellant., Laura A. Fashing, Assistant United States Attorney, (Larry Gomez, Acting United States Attorney, and Robert D. Kimball, Assistant United States Attorney, Albuquerque, NM, with her on the brief) Albuquerque, NM, for Plaintiff-Appellee.