Is an out-of-court identification of a defendant unduly suggestive and unreliable?

QUESTIONS PRESENTED I. Is an out of court identification of a defendant unduly suggestive and unreliable when the police twice showed the victim the same distorted image of the defendant depicted from a rap poster and his image was the only image that was reoccurring resulting in an unreliable identification for which the victim did not make an in-court identification of the defendant at trial? Il. Is ita violation of the Federal Rules of Evidence 801(d)(1)(C) when the FBI agent testifies about an out of court identification prior to the declarant’s testimony wherein the government fails to elicit testimony from the declarant about the identification, and thus the declarant was not subject to cross-examination under the Rule? Ill. Is it a violation of a defendant’s Confrontation Clause for the court to prohibit defendant’s counsel from using as real evidence a victim’s courtroom demeanor? IV. Is ita violation of the defendant’s due process rights for the government to shift the burden to the defense to produce evidence at trial during closing arguments? V. Whether a trial court misapply the correct standard when the court relies on the factual determinations of the jury instead of its own assessment of the evidence for a motion for a new trial pursuant to the Federal Rules of Criminal Procedure 33? VI. Whether witness testimony, on more than one occasion, reveals that a rape was committed during a kidnapping, by someone other than the defendant, create a prejudice that is too significant to overcome with any curative instruction to the jury?