United States v. Johnny Davis, 2014 U.S. App. LEXIS 10578

Davis was indicted on two counts for knowingly passing counterfeit/altered U.S. obligations with intent to defraud.
Bench trial held; the district court acquitted on count 1 (Taco Bell) and convicted on count 2 (Dollar Tree).
Sentence imposed: 34 months’ imprisonment, 3 years’ supervised release, $100 special assessment.
On appeal, Davis challenges evidentiary and identification rulings, shackling at trial, and certain sentencing enhancements.
The panel affirms Davis’s conviction and sentence in full.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of counterfeit bill evidence	Davis claims authentication was lacking.	Government contends proper authenticity established by chain-of-custody.	No plain error; evidence authenticated sufficiently.
In-court identifications from pretrial lineups	Lineups were impermissibly suggestive and violated due process.	Identifications were reliable despite suggestive lineups.	Plain-error review shows no substantial likelihood of misidentification; convictions affirmed.
Trial shackling in a bench trial	Shackling violated due process and fairness.	Shackling justified given safety concerns.	No plain error; record supports safety justification; Deck extension not required to bench trials.
Sentencing enhancements under § 2B5.1(b)(2)(A) and (b)(3)	No evidence tying Davis to counterfeiting devices or materials.	Credible evidence supported connection to counterfeiting activities.	Enhancements supported by credible evidence; guidance not clearly erroneous.
Alleyne de facto mandatory-minimum issue	Alleyne applies to mandatory minimums affecting sentence.	No mandatory minimum here; Alleyne inapplicable.	Alleyne inapplicable; no reversible error.

Puckett v. United States, 556 U.S. 129 (2009) (plain-error standard for unpreserved claims)
United States v. Jackson, 636 F.3d 687 (5th Cir. 2011) (authentication standard for evidence)
Honer v. United States, 225 F.3d 549 (5th Cir. 2000) (two-prong test for in-court identifications)
Deck v. Missouri, 544 U.S. 622 (2007) (reversible impact of shackling in trials)
Sanchez v. United States, 988 F.2d 1384 (5th Cir. 1993) (plain-error review for identification testimony)
Morin v. United States, 627 F.3d 985 (5th Cir. 2010) (plain-error standard; shackling considerations)
Scroggins v. United States, 599 F.3d 433 (5th Cir. 2010) (waiver and plain-error considerations in suppression)
Ocana v. United States, 204 F.3d 585 (5th Cir. 2000) (sentencing evidentiary credibility determinations)