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United States v. Leon-Quiyones

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Before Torruella, Baldock *fn1 and Howard, Circuit Judges.

A jury convicted the appellant, Andres De León-Quiñones (“De León”), of robbing two banks in Puerto Rico, the EuroBank and the Doral Bank. See 18 U.S.C. § 2113(a). The jury also convicted De León of carrying a firearm during and in relation to the EuroBank robbery. See 18 U.S.C. § 924(c)(1)(A).

De León appeals his convictions on the firearms count and the Doral Bank robbery count. He makes three arguments, two of which challenge the sufficiency of the evidence presented at trial. De León argues that the evidence presented at trial was insufficient to establish that he carried a real firearm during the EuroBank robbery and that he was the person who robbed the Doral Bank. Part and parcel of his argument that he was not sufficiently identified as the Doral Bank robber is De León’s claim that the district court violated his due process rights when it allowed two witnesses, Doral Bank employees Sasha Gonz lez (“Gonz lez”) and Jaime Massanet (“Massanet”), to identify him during trial as the robber. De León’s third argument, also related to his insufficient identification, is that the court erred when it allowed the prosecutor to ask leading questions when examining the identification witnesses. After review, we affirm both of the challenged counts of conviction.

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