Defendant's conviction for robbing two banks and for carrying a firearm during and in relation to a robbery is affirmed where: 1) there was sufficient evidence that defendant used a real firearm during the robbery of one of the banks; 2) the district court committed no clear or obvious error in allowing a witness to identify defendant; and 3) the district court did not abuse its discretion in allowing the prosecutor to ask witnesses leading questions when they returned to the stand to identify defendant.
Appeal from the United States District Court for the District of Puerto Rico
Decided December 7, 2009
Before: Torruella, Baldock, and Howard, Circuit Judges
Opinion by Howard, Circuit Judge
For Appellant: Guillermo A. Macari-Grillo
For Appellee: Vernon B. Miles, Assistant United States Attorney, Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division and Thomas F. Klumper, Assistant United States Attorney