U.S. v. Acox

In prosecution on bank robbery charge, defendant waived any error as to Dist. Ct.'s allowance of two bank employees to identify defendant as culprit where defendant claimed that said identifications were based on suggestive pre-trial photo array, and where defense counsel had failed to make pre-trial motion to suppress said testimony, as required under Rule 12(b)(3). Moreover, while defendant argued that failure to file pre-trial motion to suppress constituted ineffective assistance of counsel, defendant could not raise issue on direct appeal since record did not show why counsel did not make said motion. Accordingly, defendant's only avenue for redress on ineffective assistance of counsel issue was future habeas petition.