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United States v. Harris

February 22, 2002

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LARRY WOODROW HARRIS, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the Eastern District of Wisconsin. No. 00-CR-50--Rudolph T. Randa, Judge.

Before Cudahy, Rovner, and Williams, Circuit Judges.

The opinion of the court was delivered by: Rovner, Circuit Judge.

Petition for rehearing denied March 21, 2002.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LARRY WOODROW HARRIS, DEFENDANT-APPELLANT.

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 00-CR-50--Rudolph T. Randa, Judge.

Before Cudahy, Rovner, and Williams, Circuit Judges.

The opinion of the court was delivered by: Rovner, Circuit Judge.

 Argued February 12, 2001

Larry Woodrow Harris was convicted after a jury trial of bank robbery in violation of 18 U.S.C. sec. 2113(a). The district court sentenced him to 210 months' incarceration and three years' supervised release, and also ordered him to pay $2,180 in restitution. On appeal Harris argues that his conviction was tainted by a dubious line-up identification and two erroneous evidentiary rulings. We affirm.

I. Background

On the morning of September 1, 1999, a man walked into an M & I Bank branch in Milwaukee and approached a teller named Talesha Wallace. The man handed Wallace a note stating that he had a gun and wanted money. After Wallace read the note, the man told her "now." Wallace handed over the money, and the man instructed her not to do anything until he left. The man exited the bank, money and note in hand.

Police arrived soon after the robbery. Wallace described the robber as African-American, in his mid-50s, heavy-set, dark complected, with black and gray hair, and wearing a dark T-shirt with a logo on the front and dark blue trousers. The following day police showed Wallace photographs of four individuals, and she tentatively selected Harris as the perpetrator.

That same day an anonymous person told investigators that he had worked with Harris and that Harris had bragged about committing various robberies. The informant also told investigators that Harris had tried to recruit him days earlier to assist in a bank robbery. He then identified Harris as the man pictured in the bank's surveillance foot age.

Acting on this tip, police interviewed Louis Graber, the office manager at Instant Labor Temporary Help Agency, Harris's employer. Graber identified Harris as the man in the surveillance photograph. Six months later Wallace was asked to view a ...


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