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01-2154 U.S. v. Traeger

By: dmc-admin//May 13, 2002//

01-2154 U.S. v. Traeger

By: dmc-admin//May 13, 2002//

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“Here, our review of photographs of the lineup indicates that, although Traeger was larger than the other participants, the size differential was not so great as to make the lineup unduly suggestive. Additionally, we note that it would have been difficult to find five other men approximating Traeger in size and physical appearance – outside of the NFL, six and a half footers who tip the scales at 350 pounds are fairly rare. Authorities conducting lineups are required only to make reasonable efforts under the circumstances to conduct a fair and balanced presentation. They are not required to search for identical twins in age, height, weight, or facial features. See United States v. Moore, 115 F.3d 1348, 1361 (7th Cir. 1997). A trip to Hallas Hall to gather a lineup was not required here. The fact that the other lineup participants could not pass for Traeger’s twins did not make the lineup unduly suggestive.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Evans, J.

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