United States Court of Appeals For the Seventh Circuit ____________________ No. 14-2779 UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. JOSEPH B. MILLER, Defendant-Appellant. ____________________

Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 2:12-CR-10 — James T. Moody, Judge. ____________________

ARGUED APRIL 9, 2015 — DECIDED JULY 22, 2015 ____________________

Before FLAUM, RIPPLE, and WILLIAMS, Circuit Judges. FLAUM, Circuit Judge. In 2013, a federal jury found Joseph Miller guilty of bank robbery. Miller now seeks a new trial, which he believes is warranted for two reasons: first, Miller contends that an FBI agent offered false testimony during his trial, and second, he argues that his trial counsel provided constitutionally ineffective assistance by failing both to seek suppression of an in-court identification and to challenge the credibility of the testifying FBI agent via cross-examination 2 No. 14-2779 on certain specified issues. Because we conclude that neither the agent’s alleged misstatements nor counsel’s purported errors affected the outcome of Miller’s trial, we affirm the district court’s denial of his new trial motion. I. Background

On December 13, 2011, a clean-cut male in his late 30s or early 40s robbed the Standard Bank & Trust in Hammond, Indiana. The robber wore a thigh-length leather coat, black sneakers with red stitching, and a green-and-white baseball cap with a Chicago Bulls logo. He approached bank teller Judith Tauber, who was standing next to her supervisor Pakama Hoffman, and handed Tauber a note demanding money. Tauber quickly turned over some $5,000 in cash. The robber then exited the bank and headed in the direction of Amtech Technology Systems, a nearby business. He climbed into a blue Ford Explorer with Illinois plates and drove off. The vehicle was captured on Amtech surveillance video. FBI Agent Michael Peasley reviewed the surveillance footage but, after attempting to sharpen the image, could not identify the Explorer’s license plate number. He sent the video footage to the Lake County High Intensity Drug Traf- ficking Area (“HIDTA”) Task Force, where the image was refined so that all but one digit on the license plate became legible. Using the enhanced image, Agent Peasley searched the Illinois vehicle registration database and entered each of the ten possible license plate combinations. One of those combinations matched the plate number of a Ford Explorer registered to defendant-appellant Joseph Miller, who lived a few miles outside of Hammond, in Lansing, Illinois. No. 14-2779 3

The FBI conducted surveillance of Miller for several days. Agent Peasley observed Miller’s Ford Explorer parked out- side of his home and, based on the vehicle’s distinctive char- acteristics, including stickers, rain dams, and window tint- ing, Agent Peasley concluded that Miller’s Explorer was the same vehicle captured on the Amtech video. During the sur- veillance period, Miller and his girlfriend, Debra Loggins, were the only individuals seen driving the vehicle. On Janu- ary 5, 2012, agents searched Miller’s home with Loggins’s consent and recovered a black leather jacket resembling that worn by the bank robber. The agents also seized Miller’s black sneakers, which featured red stitching and distinctive tabs that matched the embellishments on the robber’s sneak- ers. They did not locate any cash or a Chicago Bulls hat, though Loggins’s daughter stated that Miller and Loggins owned matching green-and-white Chicago Bulls baseball caps.