US v. Cox, NO. 09-1258

District court's conviction of defendant for bank robbery and imposition of a 65 months' imprisonment is affirmed where: 1) Rule 12(e) applies to identification testimony in court; 2) defendant cannot supply good cause for the purpose of Rule 12(e); and 3) a motion under section 2255 is the right way to obtain review of contentions that an attorney's carelessness causes a waiver under Rule 12(e), but the record on direct appeal lacks the evidence needed to make such a decision.   

Read US v. Cox, NO. 09-1258

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided February 9, 2010

Judges

Before: Easterbrook, Chief Judge, Manion and Cudahy,  Circuit Judges

Opinion by Chief Judge Easterbrook