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U.S. v. HOFFMAN

Nos. 90-3205, 90-3236.

964 F.2d 21 (1992)

UNITED STATES of America v. John HOFFMAN, a/k/a John Joseph, Appellant. UNITED STATES of America v. Bertsfield SMITHEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1992.

Attorney(s) appearing for the Case

Peter L. Goldman, Washington, D.C. (appointed by the Court) for appellant John Hoffman, in No. 90-3205. Gregory B. English, Alexandria, Va. (appointed by the Court), was on the brief for appellant.

Thomas F. Dunn, Fort Worth, Tex. (appointed by the Court), for appellant Bertsfield Smithen, in No. 90-3236.

Albert A. Herring, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Roy W. McLeese III and Thomas J. Hibarger, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee, in Nos. 90-3205 and 90-3236. Elizabeth Trosman, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellee.

Before: WALD, EDWARDS and HENDERSON, Circuit Judges.

Opinion for the court filed PER CURIAM.

PER CURIAM:

John Hoffman and Bertsfield Smithen appeal their convictions by a jury for narcotics offenses.1 Their appeals raise one issue that merits discussion: whether a defense lawyer must lay some evidentiary foundation before arguing in closing that the jury should infer, based upon the absence of fingerprint evidence, that such evidence could have been obtained and would have been exculpatory...

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