United States v. Williams

MEMORANDUM **

George Williams was convicted by jury on one count of being a felon in possession of a firearm under 18 U.S.C. §§ 922 (g)(1) & 924(e)(1). Williams appeals the trial judge’s denial of his request for a Daubert hearing to challenge the admissibility of fingerprint evidence. He also contends his due process rights and right to a fair trial were violated when the prosecutor misrepresented the availability of a Government witness in rebuttal closing argument. Finally, Williams challenges the trial judge’s refusal to provide a jury instruction regarding his theory of the case. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand for retrial.

Williams first contends the district court erred when it assumed the Government’s expert testimony regarding fingerprint identification was reliable, and refused to conduct a pretrial hearing regarding its admissibility, or make a determination regarding its reliability. While Williams concedes that the district court was not required to conduct a formal Daubert hearing on admissibility, he believes that the district court abandoned its gatekeeping function entirely by failing to rule on…