[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-13590 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus THOMAS DANIELS,

Defendant-Appellant.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:20-cr-20138-RNS-1 ____________________ USCA11 Case: 22-13590 Document: 58-1 Date Filed: 03/29/2024 Page: 2 of 24

2 Opinion of the Court 22-13590

Before WILLIAM PRYOR, Chief Judge, and JILL PRYOR and MARCUS, Circuit Judges. MARCUS, Circuit Judge: On a February evening in 2020, Thomas Daniels entered a tow yard, pointed his gun at two people living on the property, and demanded their possessions. Daniels then shot both victims, took their jewelry, car keys, and five dollars, and used the keys to unlock and drive off in the couple’s Honda Civic. Shot, robbed, bleeding, and left for dead, the victims were eventually airlifted to the hospi- tal and survived. After a five-day trial, a jury convicted Daniels of (1) carjacking resulting in serious bodily injury, (2) brandishing and discharging a firearm in furtherance of the carjacking, and (3) being a felon in possession of ammunition. The court sentenced him to more than forty years in prison. Daniels appeals, challenging his convictions on evidentiary and suppression grounds. We are unpersuaded. The district court committed no error in excluding a defense expert who was offered to testify on the reliability of eyewitness identification; in admitting one victim’s out-of-court identification testimony; in admitting a detective’s testimony identifying Daniels in the tow yard surveil- lance footage; nor in failing to suppress photographs taken of Dan- iels after the crime. Accordingly, we affirm Daniels’ convictions. I. In early 2020, Raynold Perez Irizarry and his partner, Omar Roman, relocated from New York to South Florida. The couple moved into an RV parked in a Homestead, Florida tow yard, which USCA11 Case: 22-13590 Document: 58-1 Date Filed: 03/29/2024 Page: 3 of 24

22-13590 Opinion of the Court 3

was owned by one of Roman’s friends. They brought with them Perez’s 2010 Honda Civic. On the evening of February 14, 2020, Perez and Roman got into an argument with one another right outside the tow yard. Eventually, the fight turned physical, and the fight continued as they entered the tow yard. Amid their altercation, a man entered the tow yard with a gun and approached them. Roman noticed the man -- later identified as Thomas Daniels -- and asked him, “What are you doing here? You need to get out of the yard.” The man revealed his pistol, said, “I am going to shoot you,” and demanded that they “[g]ive [him] everything that [they] have.” With his hands up, Roman turned around to gather his be- longings, but the man shot him anyway. The bullet entered Ro- man’s spine and exited through his face. In the moment, Roman was “[p]aralyzed complete[ly]” and “[d]ropped . . . to th