United States v. Steven Barnett

U.S. Court of Appeals for the Eighth Circuit

United States v. Steven Barnett

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 96-3140 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Steven J. Barnett, * [UNPUBLISHED] * Appellant. * ___________

Submitted: February 14, 1997

Filed: April 3, 1997 ___________

Before BOWMAN and WOLLMAN, Circuit Judges, and KOPF,1 District Judge. ___________

PER CURIAM.

Steven J. Barnett appeals from his conviction of bank robbery, 18 U.S.C. § 2113(a), contending that the evidence was insufficient to support the conviction in light of the fact that the bank employees were not able to identify him at the lineup conducted on the evening of the day of the robbery. Notwithstanding the misidentification, which may well have been the result of Barnett’s having shaved off his beard between the time of the mid-morning robbery and the evening lineup, there was ample, if indeed not overwhelming evidence that Barnett was the person who robbed the bank.

1 The HONORABLE RICHARD G. KOPF, United States District Judge for the District of Nebraska, sitting by designation. The judgment of conviction is affirmed.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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Reference

Status
Unpublished