183411P.pdf   03/03/2020  United States  v.  David Heard
   U.S. Court of Appeals Case No:  18-3411
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Benton, Author, with Colloton and Wollman, Circuit Judges] 
   Criminal case - Criminal case. No error in admitting eyewitness 
   identification testimony as the show-up identification was not 
   impermissibly suggestive and the identification was reliable; no error in 
   refusing to give Eighth Circuit Model Jury Instruction 4.08 on eyewitness 
   testimony as the government's case did not rest solely on questionable 
   eyewitness identification; defendant's right to counsel was not violated 
   when the district court permitted him to give his own closing argument; 
   because defendant was still represented by counsel and received counsel's 
   advice, he did not fully waive his right to counsel, and the district 
   court had no duty to conduct a Faretta hearing; in any event, the record 
   demonstrated defendant knew and understood the disadvantages of 
   self-representation and knowingly and willingly chose to proceed with his 
   own closing argument; evidence was sufficient to support defendant's 
   convictions for possession of marijuana and possession of a firearm in 
   furtherance of a drug trafficking offense.