United States v. Davis

Before HENLEY, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge. HENLEY, Senior Circuit Judge Kenneth Huie Davis appeals from his conviction for rape under 18 U.S.C. § 2031 for which he received a fifteen year sentence. On appeal he argues that the district court1 erred in (1) failing to dismiss the indictment because of Speedy Trial Act and equal protection violations; (2) allowing into evidence an improper photographic lineup and the fact that there had been previous trials on the same charge; (3) transferring the trial; (4) making prejudicial comments; and (5) denying his motions for a new trial and a judgment of acquittal. He also contends that his conviction should be reversed due to his allegedly unlawful arrest. We affirm.