In U.S. v. Douglas, No. 06-12854 (June 19, 2007), the Court affirmed the conviction and sentence of a defendant convicted of kidnapping, robbery and carjacking.
The Court rejected the argument that the trial court should not have admitted supplemental expert opinions from the government’s fingerprint expert regarding the age of a fingerprint found on a vehicle. The district court did not abuse its discretion, because of the expert’s extensive experience and training in fingerprint analysis. His testimony assisted the jury.
Reviewing for "plain error," the Court also rejected the argument that the trial court should have been allowed to call a witness to testify in person, finding no impact on Douglas’ substantial rights in light of the overwhelming evidence of guilt.
The Court also rejected the argument that the district court should have disallowed the victim’s in-court identification of the defendant, because of earlier misdescriptions. Noting the lengthy time the victim had to see the defendant during the commission of the crime, and the consistency of her other prior identifications, the Court found the in-court identification sufficiently reliable.
Turning to sentencing, the Court upheld the firearm "otherwise using" enhancement, in the face of a jury verdict which acquitted Douglas of the gun count. The Court found that the testimony that Douglas kept the gun pointed down in a "secretive location" (his groin), and the verbal threat to use the gun, suffice for the "otherwise using" enhancement.
