Where a Native American defendant challenged a photo lineup arguing that the ethnicity of the other men in the lineup was unknown, the men all shared similar physical characteristics so his ethnicity did not isolate him, and the identification procedures were not impermissibly suggestive, so the judgment is affirmed.
Judgment is affirmed.
U.S. v. Whitewater (MLW No. 71318/Case No. 17-1258 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of Nebraska (Richard Haile McWilliams, Omaha, Nebraska, argued for appellant) (Frederick D. Franklin, Omaha, Nebraska, argued for appellee).
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