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United States v. House

United States Court of Appeals, Eighth Circuit

May 23, 2016

United States of America, Plaintiff - Appellee
v.
Lance Majestic House, Defendant - Appellant

         Submitted October 23, 2015.

Page 483

          Appeal from United States District Court for the District of South Dakota - Sioux Falls.

         For United States of America, Plaintiff - Appellee: John E. Haak, Assistant U.S. Attorney, Connie Larson, Assistant U.S. Attorney, Jennifer D. Mammenga, Special Assistant U.S. Attorney, U.S. Attorney's Office, Sioux Falls, SD.

         For Lance Majestic House, Defendant - Appellant: Alex M. Hagen, Cadwell & Sanford, Sioux Falls, SD.

         Lance Majestic House, Defendant - Appellant, Pro se, Leavenworth, KS.

         Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

          OPINION

Page 484

          SHEPHERD, Circuit Judge.

         Lance House appeals his conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He argues that the district court[1] erred in denying his motion to suppress photographic identification evidence, and for the first time on appeal, he contends that a show-up identification tainted subsequent photographic and in-court identifications. We affirm.

         I.

         On July 26, 2013, Logan Engelbrecht and Taylor Hruska were driving near Lowell Elementary School in Sioux Falls, South Dakota, when they saw a man pointing a handgun at another man. Engelbrecht, who was driving, called 911 and described the gunman as wearing a red shirt, black pants, and a black hat, and having a " fro" with a ponytail. She indicated that he was holding a small, black handgun. After Engelbrecht stopped the car, Hruska got out of the vehicle and walked toward the area where they had spotted the man with the gun. Hruska observed the gunman walking away from the scene.

         At about the same time, construction workers Shawn Jaminet and Jason Diamond were replacing a door at Lowell Elementary School and saw a man with a gun approach a group of people across the street from the school. The man pointed the gun in another man's face. Jaminet called 911 to report the incident and watched the gunman run away from the group. He described the gunman as having a ponytail and wearing a red shirt and black hat.

         Two Sioux Falls Police Department (" SFPD" ) officers, Officer Chris Bauman and Reserve Officer Steve Schumacher, responded to the 911 calls. When the officers arrived on the scene, they discovered House walking down the street with another individual. Both officers observed that House was wearing a red shirt, black pants, and a hat. The officers pulled their patrol car over to the curb, exited the vehicle, and drew their firearms. They told House and the other man to freeze and put their hands up, but House ran away from the scene. Officers Bauman and Schumacher ran ...


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