United States Court of Appeals for the Ninth Circuit
150 F.3d 983 (1998)
Bernard Vincent Montgomery (defendant) was found guilty of conspiracy to manufacture, conspiracy to distribute, conspiracy to import, and distribution of methamphetamine. He was also convicted of possession of ephedrine with intent to manufacture methamphetamine. A co-defendant, Lloyd Ray Buxton (defendant) was also found guilty of conspiracy to distribute methamphetamine. At trial, Lance Blondin, an employee of a Canadian chemical supply company identified Montgomery at trial as the purchaser of a large quantity of red phosphorous, a key ingredient in the manufacture of methamphetamine. When shown photographs of Montgomery and two other men initially, Blondin identified Montgomery as “Jim Luna,” who had purchased the red phosphorous. Additionally, prior to his testimony, Blondin had requested that the Drug Enforcement Agency (DEA) fax him a photograph of Montgomery, to “have it right in [his] mind that [he] could identify Montgomery.” Blondin also pinned this photo to the wall in his office and looked at it several times prior to testifying. The day before he was scheduled to testify, Blondin entered the courtroom with a DEA agent and looked at Montgomery. Blondin testified that he did so in order to “have it straight in my mind that Montgomery was the fellow that had purchased the chemicals from us…” Montgomery appealed his convictions, arguing that the prosecution impermissibly employed suggestive in-court identification procedures to identify him of the crimes thereby violating his right to due process.
Rule of Law
Holding and Reasoning (Alarcon, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 237,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.