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UNITED STATES of America, Plaintiff-Appellee, v. Craig Wayne MacDONALD, Defendant-Appellant.

PER CURIAM:

MacDonald appeals from his jury conviction and sentence for bank robbery with a deadly weapon in violation of 18 U.S.C. § 2113(a)(d). We affirm.

First, MacDonald argues that the trial judge erred in denying his motion to require the government to conduct a pretrial lineup. The decision on such a motion is a matter committed to the sound discretion of the trial judge. United States v. Williams (9 Cir. 1970), 436 F.2d 1166. "Absent abuse of that discretion resulting in procedure `so unnecessarily suggestive and conducive to irreparable mistaken identification' as to amount to a denial of due process of law * * * we should not question the trial judge's ruling." Williams, supra, 436 F.2d at 1168-1169. There is no showing of abuse of discretion here.

Second, MacDonald's argument that the trial judge unduly restricted his cross-examination of the identifying witness is wholly without support in the record.

The judgment of conviction is affirmed.

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UNITED STATES v. MacDONALD
(Apr 20, 1971)