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United States First Circuit


US v. Pena, 08-1407

Defendant's conviction and sentence for possession of cocaine base with intent to distribute and carrying a firearm is affirmed primarily where: 1) the district court did not err in admitting the testimony of state troopers regarding fingerprint evidence and numerous courts have found expert testimony on fingerprint identification based on the ACE-V method to be sufficiently reliable under Daubert; and 2) the totality of the evidence was sufficient to support the verdict.

Appellate Information

  • Decided 11/17/2009
  • Published 11/17/2009

Judges

  • STAHL, Circuit Judge., Before BOUDIN, STAHL, and LIPEZ, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Mary A. Davis, by Appointment of the Court, with whom Tisdale & Davis, P.A., was on brief for appellant.

  • For Appellees:
  • Mark T. Quinlivan, Assistant U.S. Attorney, with whom Michael K. Loucks, Acting United States Attorney, was on brief for appellee.
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