## Facts

- Robert Abdul Baines was tried in federal district court and convicted of drug-trafficking and firearms offenses, including conspiracy and possession with intent to distribute marijuana, and firearm/ammunition possession by a felon.
- The prosecution’s proof included evidence that Baines arranged travel from Pennsylvania to Arizona with associates to transport drugs.
- After the group met an individual in Tucson, Baines was observed carrying a blue bag to a vehicle, and items were handled in the trunk.
- Law enforcement later recovered a bag containing guns and ammunition.
- Investigators lifted a latent thumbprint from the bag; a fingerprint examiner compared it to Baines’s known prints and concluded it matched.
- Over defense objection, the district court admitted the examiner’s opinion testimony identifying the latent thumbprint as Baines’s.

## Issues

1. Whether the district court abused its discretion under Federal Rule of Evidence 702 and Daubert by admitting expert testimony that a latent thumbprint on a bag containing contraband matched Baines.

## Decision

- The Tenth Circuit affirmed Baines’s convictions and sentence.
- The court held the district court did not abuse its discretion in admitting latent fingerprint identification testimony.
- The court treated many of the defense criticisms (including subjectivity and lack of uniform numerical match standards) as matters for cross-examination and competing proof rather than categorical exclusion.

## Legal Principles

- Admission of expert testimony under Rule 702 is reviewed for abuse of discretion; trial courts have broad latitude in how to assess reliability.
- Daubert’s reliability inquiry is flexible and does not require a rigid checklist or uniform quantitative threshold for admissibility.
- Latent fingerprint identification may satisfy Rule 702 and Daubert where the record supports reliability through evidence such as examiner methodology, training, proficiency testing, and professional acceptance.
- Disputes about potential error, subjective judgment, and verification procedures generally affect weight and credibility and are addressed through cross-examination, contrary evidence, and appropriate instructions.

## Conclusion

The Tenth Circuit upheld the admission of latent fingerprint comparison testimony, concluding that the district court reasonably found the technique sufficiently reliable under Rule 702 and Daubert and that Baines’s methodological objections were for the jury to evaluate.


United States v. Baines, 573 F.3d 979 (10th Cir. 2009)