United States Seventh Circuit

A conviction for bank robbery is affirmed where: 1) the district court did not commit plain error in admission of an eye-witness identification from a photograph array, as defendant failed to file a suppression motion before trial and failed to object at trial, and defendant cannot now cure by showing good cause; 2) district court did not err in allowing introduction of defendant's prior conviction for bank robbery and guilt-by-association evidence as their probative value was not substantially outweighed by unfair prejudice; and 3) it did not err in applying an obstruction of justice enhancement where, under U.S.S.G. section 3C1.1, escaping or attempting to escape from custody justifies the enhancement.

Appellate Information

• Argued 04/16/2009
• Decided 08/20/2009
• Published 08/20/2009

Judges

• BAUER, Circuit Judge., Before EASTERBROOK, Chief Judge, and BAUER and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Sunil R. Harjani, Attorney (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Jon Pulkkinen, Law Student (argued), Sarah O'Rourke Schrup, Attorney, Northwestern University School of Law, Chicago, IL, for Defendant-Appellant.