October 23, 2015.
from United States District Court for the District of South
Dakota - Sioux Falls.
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.
Lance Majestic House, Defendant - Appellant: Alex M. Hagen,
Cadwell & Sanford, Sioux Falls, SD.
Majestic House, Defendant - Appellant, Pro se, Leavenworth,
RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.
SHEPHERD, Circuit Judge.
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 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.
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.
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.
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 ...