United States v. Paul W. Moore, Ii, Also Known as Antoine Petroye Roberts, 129 F.3d 989 (8th Cir. 1997). · Go Syfert
United States v. Paul W. Moore, Ii, Also Known as Antoine Petroye Roberts, 129 F.3d 989 (8th Cir. 1997). Cases Citing This Book View Copy Cite
79 citation events (43 in the last 25 years) across 8 distinct courts.
Strongest positive: United States v. Jose Perez (ca8, 2022-04-01)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Jose Perez
8th Cir. · 2022 · confidence medium
A prosecutor may mention the absence of evidence contrary to guilt without commenting on the defendant’s decision not to testify when the statements “were simply in reference to the strength and clarity of the government’s evidence presented at trial.” United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997), as amended on denial of reh’g and reh’g en banc (Dec. 16, 1997); see also United States v. Emmert, 9 F.3d 699 , 702–03 (8th Cir. 1993) (explaining that comments that “‘there is no -18- evidence,’ ‘no testimony,’ [and] ‘no explanation’” did not manifest an in…
cited Cited as authority (rule) United States v. John Perry
8th Cir. · 2013 · confidence medium
United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997), cert. denied, 523 U.S. 1067 , 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998).
cited Cited as authority (rule) United States v. Shelton McPike
8th Cir. · 2008 · confidence medium
United States v. Moore, 129 F.3d 989, 991 (8th Cir. 1997).
cited Cited as authority (rule) United States v. McPike
8th Cir. · 2008 · confidence medium
United States v. Moore, 129 F.3d 989, 991 (8th Cir.1997).
discussed Cited as authority (rule) United States v. Crissler
D.N.D. · 2007 · confidence medium
Further, “[w]hen no proof is offered that an affiant deliberately lied or recklessly disregarded the truth, a Franks hearing is not required.” United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997).
discussed Cited as authority (rule) United States v. Juan Rodriguez
8th Cir. · 2006 · confidence medium
To obtain a Franks hearing, a defendant must show “an affiant deliberately lied or recklessly disregarded the truth,” United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997), and “the alleged false statement or omission was necessary to the finding of probable cause.” United States v. Gabrio, 295 F.3d 880, 883 (8th Cir.2002).
cited Cited as authority (rule) Walker v. Bonenberger
8th Cir. · 2006 · confidence medium
E.g., United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997).
cited Cited as authority (rule) Yvette Walker v. David Bonenberger
8th Cir. · 2006 · confidence medium
E.g., United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997).
discussed Cited as authority (rule) United States v. Mendoor Lamont Smith, United States of America v. Darrian Deangelis Jordan (2×)
8th Cir. · 2005 · confidence medium
See United States v. Edwards, 415 U.S. 800, 802-03 , 94 S.Ct. 1234 , 39 L.Ed.2d 771 (1974) (recognizing a search incidental to an arrest as an exception to the Fourth Amendment); United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997) (affirming denial of a Franks hearing where the defendant offers nothing more than mere allegations).
discussed Cited as authority (rule) United States v. Mendoor Smith
8th Cir. · 2005 · confidence medium
See United States v. Edwards, 415 U.S. 800, 802-03 (1974) (recognizing a search incidental to an arrest as an exception to the Fourth Amendment); United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997) (affirming denial of a Franks hearing where the defendant offers nothing more than mere allegations).
cited Cited as authority (rule) United States v. Antonio Rodriguez
8th Cir. · 2005 · confidence medium
United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997), cert. denied, 523 U.S. 1067 (1998).
discussed Cited as authority (rule) United States v. Antonio Rodriguez, United States of America v. Antonio Rodriguez
8th Cir. · 2005 · confidence medium
United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997), cert. denied, 523 U.S. 1067 , 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998). *843 More significantly, in order to establish a Franks violation, Rodriguez was required to show that the remaining content of the affidavit was insufficient to establish probable cause.
cited Cited as authority (rule) American Samoa Government v. Maletino
amsamoa · 2005 · confidence medium
“When no proof is offered that an affiant deliberately lied or recklessly disregarded the truth, a Franks hearing is not required.” United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997).
cited Cited as authority (rule) UNITED STATES OF AMERICA, — v. LINDA RAY GARDNER, —
8th Cir. · 2005 · confidence medium
United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997), cert. denied, 523 U.S. 1067 , 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998).
cited Cited as authority (rule) United States v. Linda Ray Gardner
8th Cir. · 2005 · confidence medium
United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997), cert. denied, 523 U.S. 1067 (1998).
cited Cited as authority (rule) United States v. Antonio Rodriguez, United States of America v. Antonio Rodriguez
8th Cir. · 2004 · confidence medium
United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997), cert. denied, 523 U.S. 1067 , 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998).
cited Cited as authority (rule) United States v. Antonio Rodriguez
8th Cir. · 2004 · confidence medium
United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997), cert. denied, 523 U.S. 1067 (1998).
discussed Cited as authority (rule) United States v. Richard L. Davis
8th Cir. · 2004 · confidence medium
Id. -4- On the appeal of Long Feather’s conviction, this Court held that, “[w]hile a prosecutor’s comments on a defendant’s failure to testify can constitute error,” see United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997), comments on defendant’s failure to produce his sandals were not improper.
discussed Cited as authority (rule) United States v. Richard L. Davis
8th Cir. · 2004 · confidence medium
On the appeal of Long Feather’s conviction, this Court held that, “[wjhile a prosecutor’s comments on a defendant’s failure to testify can constitute error,” see United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997), comments on defendant’s failure to produce his sandals were not improper.
discussed Cited as authority (rule) United States v. Keith Crenshaw
8th Cir. · 2004 · confidence medium
However, "[i]t is well established that in 'tipster' cases, where the informant is not a necessary witness to the facts, disclosure of the informant is not required." United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997).
discussed Cited as authority (rule) United States v. Keith Bernard Crenshaw, United States of America v. Kamil Hakeem Johnson, United States of America v. Timothy Kevin McGruder (2×) also: Cited "see"
8th Cir. · 2004 · confidence medium
However, “[i]t is well established that in ‘tipster’ cases, where the informant is not a necessary witness to the facts, disclosure of the informant is not required.” United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997).
discussed Cited as authority (rule) United States v. Ronald Long Feather
8th Cir. · 2002 · confidence medium
While a prosecutor's comments on a defendant's failure to testify can constitute error, see United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997), cert. denied, 523 U.S. 1067 (1998), that is not what happened here.
discussed Cited as authority (rule) United States v. Ronald David Long Feather
8th Cir. · 2002 · confidence medium
While a prosecutor’s comments on a defendant’s failure to testify can constitute error, see United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997), cert. denied, 523 U.S. 1067 , 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998), that is not what happened here.
discussed Cited as authority (rule) United States v. Michael Todd
8th Cir. · 2001 · confidence medium
Id. “ ‘Indirect comments on a defendant’s failure to testify constitute error when the comments show the prosecutor intended to call attention to the defendant’s failure to testify or if the jury would naturally and necessarily understand the comments as highlighting the defendant’s failure to testify.” ’ Id. (quoting United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997)).
discussed Cited as authority (rule) United States v. Samuel Alcantar, Elias Real-Flores.
8th Cir. · 2001 · confidence medium
“It is well established that in ‘tipster’ cases, where the informant is not a necessary witness to the facts, disclosure of the informant is not required.” United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997) (citing United States v. Sykes, 977 F.2d 1242, 1245-46 (8th Cir.1992); United States v. Harrington, 951 F.2d 876, 878 (8th Cir.1991)).
discussed Cited as authority (rule) United States v. Samuel Alcantar
8th Cir. · 2001 · confidence medium
“It is well established that in 'tipster' cases, where the informant is not a necessary witness to the facts, disclosure of the informant is not required.” United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997) (citing United States v. Sykes, 977 F.2d 1242, 1245-46 (8th Cir. 1992); United States v. Harrington, 951 F.2d 876, 878 (8th Cir. 1991).
cited Cited as authority (rule) United States v. Edward Dashan Smith
8th Cir. · 2001 · confidence medium
United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997), cert. denied, 523 U.S. 1067 , 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998).
cited Cited as authority (rule) United States v. Edward Dashan Smith
8th Cir. · 2001 · confidence medium
United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997), cert. denied, 523 U.S. 1067 (1998).
discussed Cited as authority (rule) United States v. Rodney L. Hollis (2×) also: Cited "see"
8th Cir. · 2001 · confidence medium
See id. at 170-71 , 98 S.Ct. 2674 ; United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997).
discussed Cited as authority (rule) United States v. Rodney L. Hollis (2×) also: Cited "see"
8th Cir. · 2001 · confidence medium
See id. at 170-71 ; United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997). -3- Hollis did not offer any evidence that the state trooper's sworn statements in support of the search warrant were deliberately or recklessly false.
discussed Cited as authority (rule) United States v. Brice Earl Christians (2×) also: Cited "see"
8th Cir. · 2000 · confidence medium
“Indirect comments on a defendant’s failure to testify constitute error when the comments show the prosecutor intended to call attention to the defendant’s failure to testify or if the jury would naturally and necessarily understand the comments as highlighting the defendant’s failure to testify.” United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997), cert. denied, 523 U.S. 1067 , 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998).
discussed Cited as authority (rule) United States v. Brice E. Christians (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
“Indirect comments on a defendant’s failure to testify constitute error when the comments show the prosecutor intended to call attention to the defendant’s failure 2 At sentencing, the district court found the evidence that Christians had erased the videotapes to be insufficient to support a two-point enhancement for obstruction of justice. -6- to testify or if the jury would naturally and necessarily understand the comments as highlighting the defendant’s failure to testify.” United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997), cert. denied, 118 S.Ct. 1402 (1998).
discussed Cited as authority (rule) United States v. Leonard Triplett
8th Cir. · 1999 · confidence medium
Finally, contrary to the government’s assertion, the challenged comments are not analogous to “[s]tatements that the government’s evidence was ‘uncontradicted,’” which were held by this court in United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997), cert. denied, 118 S. Ct. 1402 (1998), not to be improper because, in that case, they were made “simply in reference to the strength and clarity of the government's evidence presented at trial.”5 In sum, we hold 5 We caution that there is no per se rule that the type of comments made by the prosecutor in United States v. Moore, 1…
discussed Cited as authority (rule) United States v. Leonard D. Triplett
8th Cir. · 1999 · confidence medium
Finally, contrary to the government’s assertion, the challenged comments are not analogous to “[statements that the government’s evidence was ‘uncontradicted,’ ” which were held by this court in United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997), cert. denied, 523 U.S. 1067 , 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998), not to be improper because, in that case, they were made “simply in reference to the strength and clarity of the government’s *996 evidence presented at trial.” 5 In sum, we hold that the challenged remarks in the prosecutor’s closing argument were such th…
discussed Cited as authority (rule) Vernon v. N.D. Workers Compensation Bureau
N.D. · 1999 · confidence medium
“A nonconstitutional error is harmless unless it had a substantial influence on the jury’s verdict in the context of the entire case, or leaves one in grave doubt whether it had such an effect.” United States v. Moore , 129 F.3d 989, 991 (8 th Cir. 1997) (citation omitted). [¶17] Erickson assumed the risk and the consequences of providing a partial transcript on appeal.
discussed Cited as authority (rule) City of Fargo v. Erickson
N.D. · 1999 · confidence medium
“A nonconstitutional error is harmless unless it had a substantial influence on the jury’s verdict in the context of the entire case, or leaves one in grave doubt whether it had such an effect.” United States v. Moore, 129 F.3d 989, 991 (8 th Cir.1997) (citation omitted). [¶ 17] Erickson assumed the risk and the consequences of providing a partial transcript on appeal.
discussed Cited as authority (rule) United States v. Eugene H. Mathison, United States of America v. Perry Gobel, United States of America v. Robert E. Holmes, United States of America v. Dean G. Chambers
8th Cir. · 1998 · confidence medium
"When no proof is offered that an affiant deliberately lied or recklessly disregarded the truth, a Franks hearing is not required." United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997), cert. denied, --- U.S. ----, 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998). 21 Mr. Mathison further alleges that the affiant omitted material information about one of the informants on whom the affiant relied in gathering information for the affidavit, specifically, that the informant was in jail and charged with grand theft at the time that he made the relevant statements.
discussed Cited as authority (rule) United States v. Eugene H. Mathison (2×)
8th Cir. · 1998 · confidence medium
“When no proof is offered that an affiant deliberately lied or recklessly disregarded the truth, a Franks hearing is not required.” United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998).
discussed Cited as authority (rule) United States v. Russell Francis Chevre
8th Cir. · 1998 · confidence medium
Chevre bears the burden of demonstrating a need for the disclosure, see United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998), and petition for cert. filed, (Mar. 10, 1998), and disclosure is typically not required when the informant “merely convey[s] information to the government but neither witness[es] nor participates] in the offense.” United States v. Harrington, 951 F.2d 876, 878 (8th Cir.1991).
discussed Cited as authority (rule) United States v. Russell F. Chevre
8th Cir. · 1998 · confidence medium
Chevre bears the burden of demonstrating a need for the disclosure, see United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997), cert. denied, 118 S. Ct. 1402 (1998), and petition for cert. filed, (Mar. 10, 1998), and disclosure is typically not required when the informant "merely convey[s] information to the government but neither witness[es] nor participat[es] in the offense." United States v. Harrington, 951 F.2d 876, 878 (8th Cir. 1991).
discussed Cited "see" State of Tennessee v. Ladarius Lockhart
Tenn. Crim. App. · 2019 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997) (holding that a prosecutor’s statement that the evidence was “uncontracted” was of such character that the jury would have necessarily taken it to be a comment on the defendant’s failure to testify but was a “reference to the strength and clarity of the government’s evidence presented at trial”).
discussed Cited "see" United States v. Robert Simmons
8th Cir. · 2013 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997) (concluding, “[statements that the government’s evidence was ‘un-eontradieted’ were simply in reference to the strength and clarity of the government’s evidence presented at trial”). 2 Ad *629 ditionally, from these relatively innocuous comments, the jury would not naturally and necessarily draw the inference that the comments highlighted Simmons’ failure to testify.
cited Cited "see" Reyes-Reyes v. Toledo-Davila
D.P.R. · 2012 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997) (“Moore submitted his own affidavit stating ... that no vehicle owned by him had ever been in that vicinity.
discussed Cited "see" United States v. Summage
S.D. Iowa · 2006 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997) (requiring a defendant "make a ‘substantial preliminary showing’ of a false or reckless statement or omission and must further show that the alleged false statement or omission was necessary to a finding of probable cause”) (quoting and citing United States v. Fairchild, 122 F.3d 605 , 610 (8th Cir.1997)).
discussed Cited "see" Montez v. State
Tex. App. · 1998 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 991-92 (8th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998); United States v. Ong, 541 F.2d 331, 338 (2d Cir.1976), cert. denied, 430 U.S. 934 , 97 S.Ct. 1559 , 51 L.Ed.2d 780 (1977).
discussed Cited "see" Roy Ramsey v. Michael Bowersox, Superintendent (2×)
8th Cir. · 1998 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 993 (8th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 1402 , 140 L.Ed.2d 659 (1998).
discussed Cited "see" Roy Ramsey v. Michael Bowersox (2×)
8th Cir. · 1998 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 993 (8th Cir. 1997), cert. denied, 118 S. Ct. 1402 (1998).
cited Cited "see" United States v. Dewayne Wright
8th Cir. · 1998 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997) (citing Roviaro v. United States, 353 U.S. 53, 59 (1957)).
cited Cited "see" United States v. Dewayne Wright
8th Cir. · 1998 · signal: see · confidence high
See United States v. Moore, 129 F.3d 989, 992 (8th Cir.1997) (citing Roviaro v. United States, 353 U.S. 53, 59 , 77 S.Ct. 623 , 1 L.Ed.2d 639 (1957)).
discussed Cited "see, e.g." State of Tennessee v. Anthony Eugene Reed
Tenn. Crim. App. · 2021 · signal: see also · confidence medium
App. Apr. 17, 2019) (“We -6- cannot conclude that the prosecutor’s comment was such that the jury ‘necessarily’ would have taken it to be a comment on the Defendant’s failure to testify” because “it was a reference to the strength of the State’s proof, in particular, the strength of the victim’s testimony and the video recording.”); see also United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997) (holding that a prosecutor’s statement that the evidence was “uncontracted” was a “reference to the strength and clarity of the government's evidence presented at trial�…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Paul W. MOORE, II, Also Known as Antoine Petroye Roberts, Appellant
97-1351.
Court of Appeals for the Eighth Circuit.
Dec 16, 1997.
129 F.3d 989
Ian Pitz, Minneapolis, MN, argued, for Appellant., Kenneth Saffold, Minneapolis, MN, argued (David L. Lillehaug, U.S. Attorney, on the brief), for Appellee.
Loken, Ross, Fenner.
Cited by 59 opinions  |  Published
ROSS, Circuit Judge.

Appellant Paul W. Moore, II, appeals from a jury verdict finding him guilty of conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base, possession with intent to distribute cocaine, possession with intent to distribute cocaine base and felon in possession of a firearm. Moore was sentenced to 262 months on the drug counts and 120 months on the weapons violation, to run concurrently with the other sentence. On appeal, Moore asserts that the district court [2] erred in allowing the government to introduce evidence of a prior felony when he offered to stipulate to that offense; that the court erred in denying his motion for a Franks hearing and in refusing to order disclosure of the identity of the confidential informant; that prosecutorial misconduct denied him a fair trial and; finally, that the evidence was insufficient to sustain the guilty verdict. After careful review of the record,[*991] as well as the briefs and arguments of the parties, we affirm the judgment of the district court.

I

The record shows that in the early morning hours of June 3, 1996, Minneapolis police officers observed Moore driving a vehicle erratically. The officers pursued, but the vehicle sped away at a high rate of speed. At one point during the incident, Moore stopped his vehicle. However, when the officers exited their patrol ear, Moore’s vehicle sped away, hitting the squad car in the process. The officers resumed their chase and observed Moore throw something out of the car window. Finally, Moore’s car hit a tree and came to a stop. After a foot chase, Moore was apprehended. As the officers brought Moore back to the squad ear, Moore stated, not in response to questioning, “there is a gun in the car.” Six thousand dollars in cash and a small amount of marijuana was found on Moore. A gun was found in plain sight on the floor of the passenger side of the vehicle. The item thrown from the vehicle during the pursuit was found to contain approximately 250 grams of crack cocaine.

Soon after the arrest, the officers discovered that there was an active drug trafficking investigation involving Moore, a known member of the Los Angeles “Crip” street gang with an extensive violent history. They obtained a warrant to search an apartment at 1980 West 7th Street, which was believed to be Moore’s stash house. At this location, the officers found approximately 1,000 grams of cocaine and arrested Walter Eugene Clayton and Russell Noah, Moore’s cousins. The officers also found an airline ticket and other personal effects belonging to Moore.

II.

Moore first argues on appeal that the district court abused its discretion when it rejected his offer to stipulate as to his status as a felon under 18 U.S.C. § 922(g)(1), and instead allowed the government to introduce evidence proving his prior conviction for drive-by shooting as an element of the offense of felon in possession. Moore contends that the district court’s ruling, although supported by Eighth Circuit case law at the time of trial, has since been held to constitute reversible error by the United States Supreme Court in Old Chief v. United States, — U.S. —, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997).

In Old Chief, the Supreme Court held that a district court abuses its discretion when it rejects a defendant’s offer to stipulate his status as a felon under a section 922(g)(1) offense and instead admits the full record of a prior judgment, if evidence concerning the name or nature of the prior conviction increases the risk of a verdict tainted by improper considerations. Id. at —, 117 S.Ct. at 647. This determination alone, however, does not compel reversal where the evidentiary ruling is found to be harmless error under Fed.R.Crim.P. 52(a). See, e.g., United States v. Anaya, 117 F.3d 447, 448-49 (10th Cir.1997); United States v. Horsman, 114 F.3d 822, 828 (8th Cir.1997). Under Rule 52(a), “only if the jury may have been substantially swayed by improperly admitted evidence must we reverse [the] conviction.” Hors man, 114 F.3d at 828 (quotation omitted). “A nonconstitutional error is harmless unless it had a substantial influence on the jury’s verdict in the context of the entire case, or leaves one in grave doubt whether it had such an effect.” Anaya, 117 F.3d at 448 (citation omitted). Under a Rule 52(a) harmless error analysis, the government bears the burden of showing the absence of prejudice, United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 1777-78, 123 L.Ed.2d 508 (1993), and they have sustained it in this case.

We conclude that Moore is not entitled to relief because any error in refusing to accept Moore’s stipulation was harmless given the substantial evidence of Moore’s guilt. Following the chase with police officers, Moore admitted that there was a firearm in the vehicle he was driving. The baggie thrown from Moore’s car was found to contain crack cocaine. There was no evidence shown that anyone else was in the car with Moore. This evidence clearly supports the weapons and crack possession convictions. The proof relating to the evidence seized at 1980 West 7th Street is a bit more tenuous; however, we conclude the evidence was sufficient to withstand harmless error analysis. Numer[*992] ous personal articles belonging to Moore were found in the apartment. Personal papers, including an airline receipt, a driver’s license receipt, and a Hennepin County-Workhouse sentencing document, all bearing Moore’s name, as well as photographs of Moore, were found in or next to a bag located in the same closet where the 1,000 grams of cocaine were found. The apartment was described as a “stash house,” and the apartment manager informed police officers that a vehicle matching Moore’s was seen at the apartment on several occasions. In light of the substantial evidence of Moore’s guilt, we conclude that the improper evidentiary ruling did not affect Moore’s substantial rights, and therefore, any error in the admission of Moore’s prior felony was harmless.

III.

Moore next contends that his request for a Franks hearing was improperly denied when he introduced evidence casting doubt on the accuracy of information contained in the search warrant’s supporting affidavit. In order to be entitled to a hearing under Franks v. Delaware, 438 U.S. 154, 155-56, 98 S.Ct. 2674, 2676, 57 L.Ed.2d 667 (1978), the defendant must make a “substantial preliminary showing” of a false or reckless statement or omission and must further show that the alleged false statement or omission was necessary to a finding of probable cause. United States v. Fairchild, 122 F.3d 605, 610 (8th Cir.1997). The “substantial preliminary showing” requirement needed to obtain a Franks hearing is not lightly met. United States v. Hiveley, 61 F.3d 1358, 1360 (8th Cir.1995).

After reviewing the record, we determine that the district court did not abuse its discretion in denying Moore’s motion for a Franks hearing. The challenged supporting affidavit related that the affiant had received information from a confidential informant that Moore lived at the Highland Apartments and that his vehicle had been observed at that location. The affiant also averred that he received information from a confidential informant that there had been complaints of a marijuana odor to the management of the apartments.

In support of his request for a Franks hearing, Moore submitted his own affidavit stating that he did not live in the Highland Apartments and that no vehicle owned by him had ever been in that vicinity. This affidavit, without more, does not provide the “substantial preliminary showing” that the supporting affidavit contained any deliberate false statements or intentional or reckless misrepresentations required to support a Franks hearing. When no proof is offered that an affiant deliberately lied or recklessly disregarded the truth, a Franks hearing is not required. The district court properly denied the hearing.

IV.

Moore next argues the district court abused its discretion in fading to order the government to disclose the identity of its confidential informant. The defendant bears the burden of demonstrating the need for disclosure and the court must weigh the defendant’s right to the information against the government’s privdege to withhold the identity of its confidential informants. Roviaro v. United States, 353 U.S. 53, 59, 77 S.Ct. 623, 627, 1 L.Ed.2d 639 (1957). It is well established that in “tipster” cases, where the informant is not a necessary witness to the facts, disclosure of the informant is not required. United States v. Sykes, 977 F.2d 1242, 1245-46 (8th Cir.1992); United States v. Harrington, 951 F.2d 876, 878 (8th Cir.1991).

During cross-examination of Officer Liz Holland, Moore’s counsel elicited testimony that a confidential informant received information that Moore had a connection with a pager company, which Officer Holland characterized as an untrustworthy organization currently under investigation. The district court rejected defense counsel’s efforts to identify the confidential informant in order to impeach the credibility of the informant’s tip.

The court did not abuse its discretion in failing to order disclosure of the informant’s identity. The informant in this case was merely a tipster who conveyed information to the government; there was no evidence that he or she witnessed or participated in the[*993] actual offense. In eases such as this, “disclosure is generally not material to the outcome of the case and is therefore not required.” Id. at 878.

V.

Moore next argues that the prosecutor committed prejudicial misconduct by expressing a personal opinion on the issue of Moore’s guilt and calling attention to Moore’s failure to testify. We reverse for prosecutorial misconduct only when the defense can show that the prosecutor’s remarks were improper and that the remarks “prejudicially affected the defendant’s substantial rights so as to deprive [him] of a fair trial.” United States v. Malone, 49 F.3d 393, 398 (8th Cir.), cert. denied, — U.S. —, 116 S.Ct. 208, 133 L.Ed.2d 141 (1995).

Here, the prosecutor stated:

Unlike a novel or a television program or a good book, trials oftentimes don’t proceed in any chronological order. Sometimes, for example, a person knowing the first part of a series of events will be the last to testify. In other instances, a person knowing the last part of a series of events will be the first to testify. And indeed on some instances a person knowing all of the evidence won’t testify at all. And sometimes the chronological order is not quite as one would expect. So, the purpose of the opening statement is simply to provide you, the jurors, with an overview of the evidence that we think will be presented.

Moore claims the prosecutor propounded on his theme of Moore’s failure to testify by repeatedly informing the jury that the evidence was “uneontroverted” and “uncontra-dieted,” and that there was “no evidence” exculpating Moore.

Indirect comments on a defendant’s failure to testify constitute error when the comments show the prosecutor intended to call attention to the defendant’s failure to testify or if the jury would naturally and necessarily understand the comments as highlighting the defendant’s failure to testify. United States v. Adams, 37 F.3d 383, 384 (8th Cir.1994). We conclude that the statements in context did not manifest an improper intent to comment on Moore’s failure to testify and that the jury would not necessarily take it to be such a comment. Instead, the prosecutor was merely stating the purpose of an opening statement and the chronology of events during a trial. Statements that the government’s evidence was “uneon-tradicted” were simply in reference to the strength and clarity of the government’s evidence presented at trial. See United States v. Emmert, 9 F.3d 699, 702-03 (8th Cir.1993), cert. denied, 513 U.S. 829, 115 S.Ct. 101, 130 L.Ed.2d 50 (1994) (comments that “there is no evidence,” “no testimony,” and “no explanation,” did not manifest an intention by the prosecutor to call attention to defendant’s failure to testify).

We also reject Moore’s assertion that the prosecutor improperly injected his personal opinion into closing argument by stating “I believe in what I do,” and “my responsibility ... is to show you [Moore’s] guilt.” Contrary to Moore’s assertion, these statements are not personal expressions of Moore’s culpability; these comments were innocuous, isolated statements that can in no way be construed as improper.

VI.

Finally, based on our harmless error analysis presented above in subsection II, we conclude the evidence was sufficient to sustain the conviction.

VII.

Based on the foregoing, the judgment of the district court is affirmed.

2

. The Honorable Paul A. Magnuson, Chief Judge, United States District Court for the District of Minnesota.