United States Sixth Circuit

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US v. West, 10-1292

In a prosecution of defendant for armed bank robbery and for using a firearm during a crime of violence, district court's grant of a motion to suppress an in-custody lineup identification on the grounds that the lineup violated defendant's Sixth Amendment right to counsel, but ultimately allowing the lineup witnesses to make in-court identifications, is vacated and remanded as there simply were no findings of fact by the district court as to the admissibility of the in-court identification as the district court never made a finding that the government had shown by clear and convincing evidence that a potential in-court identification would be based on observations of the suspect other than from the in-custody line-up, and at no time were the Wade factors addressed explicitly. However, there is no error in defendant's sentence as there was no improper consideration of defendant's socioeconomic status and the district court sentenced him well below the guidelines range.

Appellate Information

  • Argued 10/21/2010
  • Decided 12/30/2010
  • Published 12/30/2010

Judges

Court

  • United States Sixth Circuit

Counsel