Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

US v. West, 10-1292

By FindLaw Staff on December 30, 2010 | Last updated on March 21, 2019
Denial of motion to suppress in-custody lineup identification vacated for failure to address Wade factors

US v. West, 10-1292, concerned a challenge to the district court's grant of a motion to suppress an in-custody lineup identification on the grounds that the lineup violated defendant's Sixth Amendment right to counsel, but ultimately allowing the lineup witnesses to make in-court identifications, in a prosecution of defendant for armed bank robbery and for using a firearm during a crime of violence.

In vacating the judgment, the court remanded the matter in concluding that there simply were no findings of fact by the district court as to the admissibility of the in-court identification as the district court never made a finding that the government had shown by clear and convincing evidence that a potential in-court identification would be based on observations of the suspect other than from the in-custody line-up, and at no time were the Wade factors addressed explicitly.  However,  there is no error in defendant's sentence as there was no improper consideration of defendant's socioeconomic status and the district court sentenced him well below the guidelines range.

Related Link:
  • Read the Seventh Circuit's Full Decision in US v. West, 10-1292

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard