United States Seventh Circuit

District court's conviction of defendant for bank robbery and imposition of a sentence of 65 months' imprisonment is affirmed where: 1) Rule 12(e) applies to identification testimony in court; 2) defendant cannot supply good cause for purposes of Rule 12(e); and 3) a motion under section 2255 is the right way to obtain review of contentions that an attorney's carelessness causes a waiver under Rule 12(e), but the record on direct appeal lacks the evidence needed to make such a decision.

Appellate Information

• Argued 01/21/2010
• Decided 02/09/2010
• Published 02/09/2010

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Margaret A. Hickey, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Thomas L. Shriner, Jr., Laura S. Kwaterski, Foley & Lardner, Milwaukee, WI, Erwin Acox, Oxford, WI, for Defendant-Appellant.