US v. Pena, No. 08-1407
District court's conviction and sentence of defendant for possession of cocaine base with intent to distribute and carrying a firearm is affirmed where: 1) district court did not err in admitting the testimony of the Massachusetts State Troopers regarding the 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
Appeal from the United States District Court for the District of Massachusetts
Decided November 17, 2009
Judges
Before: Boudin, Lipez and Stahl, Circuit Judges
Opinion by Stahl, Circuit Judge
Counsel
For Appellant: Mary A. Davis, and Tisdale & Davis, PA
For Appellee: Mark T. Quinlivan, Assistant US Attorney, Michael K. Loucks, Acting US Attorney