The following excerpt is from U.S. v. Menefee, 972 F.2d 1346 (9th Cir. 1992):
We review in-court identification testimony for an abuse of discretion. United States v. Browne, 829 F.2d 760, 764 (9th Cir.1987), cert. denied, 485 U.S. 991 (1988). Specifically, we inquire whether the procedure for identification was so "unnecessarily suggestive and conducive to irreparable misidentification" that it constitutes a violation of due process. Id. (quoting Stovall v. Denno, 388 U.S. 293 (1971)).
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