United States v. West, 2010 U.S. App. LEXIS 26411

West was charged with two counts of armed bank robbery under 18 U.S.C. § 2113(a)&(d) and two counts of using a firearm during a crime of violence under 18 U.S.C. § 924(c).
During custody, West was subjected to in-custody lineups without counsel, and three witnesses identified him as the robber.
The district court suppressed the lineups as Sixth Amendment violations but allowed in-court identifications, pending Wade-based analysis.
West pleaded guilty conditionally, reserving the right to appeal the in-court identification ruling; he was sentenced to 230 months.
On appeal, West argues no Wade-based findings were made to authorize in-court identifications and challenges the sentencing reasoning.
The Seventh Circuit vacates the convictions and remands for Wade-based findings; no error in sentencing findings is decided at this stage.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Wade requirement for in-court identifications	West (Sixth Amendment) argues no Wade findings were made.	Government contends there was sufficient basis for in-court identifications.	Convictions vacated; remand for Wade findings on admissibility.
Independent basis for in-court identifications under Wade	West asserts no independent basis established by Wade factors.	Government asserts an independent basis exists from record.	Remand to develop explicit Wade findings; cannot determine on record.
Procedural correctness of Wade determinations	District court failed to make explicit Wade findings as required.	Court implicitly considered Wade factors in ruling.	Explicit Wade findings required; decision remanded.
Sentencing procedure and socioeconomic status	West contends district court impermissibly relied on socioeconomic status.	Court did not improperly consider socioeconomic status; reasonable under §3553(a).	No error found; sentencing below guidelines; health-care discussion deemed permissible.

Wade v. United States, 388 U.S. 218 (U.S. 1967) (establishes independent basis requirement for in-court identifications after unlawful lineup)
Gilbert v. California, 388 U.S. 263 (U.S. 1967) (independent basis concept in Wade framework)
United States v. Anderson, 714 F.2d 684 (7th Cir. 1983) (allowance of Wade-based review when record is adequate)
United States ex rel. Harris v. State of Illinois, 457 F.2d 191 (7th Cir. 1972) (recognizes Wade-based admissibility considerations)
Neil v. Biggers, 409 U.S. 188 (U.S. 1972) (factors for determining reliability of identification after lineup)
United States v. Harris, 281 F.3d 667 (7th Cir. 2002) (hybrid standard for admission of identifications)