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151175P.pdf   05/23/2016  United States  v.  Lance House
   U.S. Court of Appeals Case No:  15-1175
   U.S. District Court for the District of South Dakota - Sioux Falls   
[PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Smith, Circuit Judge] Criminal case - Criminal law. The mere fact that defendant was the only individual with a ponytail in the photo array shown to a witness did not make the photo lineup unduly suggestive, and the district court did not err in denying defendant's motion to suppress; show-up with witness to the incident was not unduly suggestive, and there was little chance the witness misidentified defendant under the circumstances presented.