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.