United States v. Gregory Christophe, 833 F.2d 1296 (9th Cir. 1987). · Go Syfert
United States v. Gregory Christophe, 833 F.2d 1296 (9th Cir. 1987). Cases Citing This Book View Copy Cite
137 citation events (34 in the last 25 years) across 19 distinct courts.
Strongest positive: United States v. Sharon Ann Rahm (ca9, 1993-05-11) · Strongest negative: United States v. Leon Hudson and Reginald Smith (ca7, 1990-01-29)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Leon Hudson and Reginald Smith (2×) also: Cited "see"
7th Cir. · 1990 · signal: but see · confidence high
See, e.g., United States v. Moore, 786 F.2d 1308, 1311-13 (5th Cir.), reh’g denied, 791 F.2d 928 (5th Cir.1986) (en banc) (although this type of testimony was formally considered inadmissible, it now is appropriate for consideration by the jury); United States v. Downing, 753 F.2d 1224, 1242-43 (3d Cir.1985) (even if the admission of this testimony otherwise satisfies Rule 702 (which should be determined after an on-the-record detailed proffer), it still can be excluded under Rule 403); United States v. Smith, 736 F.2d 1103 (6th Cir.), cert. denied, 469 U.S. 868 , 105 S.Ct. 213 , 83 L.Ed.2d …
examined Cited as authority (verbatim quote) United States v. Sharon Ann Rahm (8×) also: Cited as authority (rule), Cited "see"
9th Cir. · 1993 · quote attribution · 2 verbatim quotes · confidence high
we reverse only if the district court abused its wide discretion or committed manifest error
discussed Cited as authority (quoted) United States v. Hugo Rincon (2×) also: Cited as authority (rule)
9th Cir. · 1993 · quote attribution · 1 verbatim quote · confidence low
o federal authority requires the admission of testimony on the unreliability of eyewitnesses
discussed Cited as authority (rule) United States v. Luis Vasquez
9th Cir. · 2016 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1300-01 (9th Cir. *640 1987). “[Reversal is warranted only if it is more probable than not that the misconduct materially affected the verdict.” Id. (citations omitted).
cited Cited as authority (rule) United States v. Rebecca Brenes
9th Cir. · 2016 · confidence medium
Therefore, Brenes fails to establish that “it is more probable than not that the misconduct materially affected the verdict.” United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Nancy Mageno (2×)
9th Cir. · 2014 · confidence medium
Majority Op. at 936, 939-40 (agreeing with the government that the evidence was sufficient to support the jury’s verdict); United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987) (reversal of conviction based on prosecutorial misstatements only justified when “it is more probable than not that the misconduct materially affected the verdict”).
discussed Cited as authority (rule) Corrothers v. State
Miss. · 2014 · confidence medium
“We adhere to the position that skillful cross examination of eyewitnesses, coupled with appeals to the experience and common sense of jurors, will sufficiently alert jurors to specific conditions that render a particular eyewitness identification unreliable.” United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987) (upholding exclusion of expert eyewitness-identification testimony). “[TJhe problems of perception and memory can be adequately addressed in cross-examination and ... the jury can adequately weigh these problems through common-sense evaluation.” United States v. Smit…
cited Cited as authority (rule) Matt Strong v. Valdez Fine Foods
9th Cir. · 2013 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir. 1987).
discussed Cited as authority (rule) Matt Strong v. Valdez Fine Foods (2×)
9th Cir. · 2013 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir.1987).
discussed Cited as authority (rule) Howard v. Clark
9th Cir. · 2010 · confidence medium
In reaching these decisions, we have made it clear that we “adhere to the position that skillful cross examination of eyewitnesses, coupled with appeals to the experience and common sense of jurors, will sufficiently alert jurors to specific conditions that render a particular eyewitness identification unreliable.” United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987); see also United States v. Labansat, 94 F.3d 527, 530 (9th Cir.1996); United States v. Langford, 802 F.2d 1176, 1179-80 (9th Cir.1986); United States v. Brewer, 783 F.2d 841, 842-43 (9th Cir.1986); United States v. …
discussed Cited as authority (rule) Washington v. State
Md. Ct. Spec. App. · 2008 · confidence medium
For example, in Wise v. State, 132 Md.App. 127, 136 , 751 A.2d 24 , cert. denied, 360 Md. 276 , 757 A.2d 811 (2000), the prosecution offered the testimony of an expert witness who "testified at length about fingerprinting and the difficulties of obtaining fingerprints from gel capsules and vials." In United States v. Burdeau, 168 F.3d 352, 357 (9th Cir.), cert. denied, 528 U.S. 958 , 120 S.Ct. 388 , 145 L.Ed.2d 303 (1999), the government, over objection, "elicited testimony that identifiable fingerprints are almost never found on guns and only rarely found on other objects submitted for testin…
discussed Cited as authority (rule) Washington v. State
Md. Ct. Spec. App. · 2008 · confidence medium
For example, in Wise v. State, 132 Md.App. 127, 136 , 751 A.2d 24 , cert. denied, 360 Md. 276 , 757 A.2d 811 (2000), the prosecution offered the testimony of an expert witness who “testified at length about fingerprinting and the difficulties of obtaining fingerprints from gel capsules and vials.” In United States v. Burdeau, 168 F.3d 352, 357 (9th Cir.), cert. denied, 528 U.S. 958 , 120 S.Ct. 388 , 145 L.Ed.2d 303 (1999), the government, over objection, “elicited testimony that identifiable fingerprints are almost never found on guns and only rarely found on other objects submitted for …
discussed Cited as authority (rule) United States v. Martell
9th Cir. · 2008 · confidence medium
Briefly, the claims are: Martell’s assertion about questions asked of an investigating agent about Native American personalities, most of which evidence was elicited by Mar-tell himself; a claim that the admitted victim of a murder was referred to as a victim; an assertion that an FBI agent testified about fingerprints (see United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987)); and a few questions that Martell now says reflected poorly upon himself and his family.
discussed Cited as authority (rule) Pulido v. Chrones
9th Cir. · 2007 · confidence medium
To demonstrate prejudice, Pulido must show that “it is more probable than not that the [prosecutorial misconduct] materially affected the verdict.” United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987).
cited Cited as authority (rule) United States v. Hernandez-Miranda
9th Cir. · 2006 · confidence medium
To obtain relief, the defendant must show that it is “more probable than not that the misconduct materially affected the verdict.” United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987).
cited Cited as authority (rule) Ford v. Dretke
5th Cir. · 2005 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987). 19 .
cited Cited as authority (rule) United States v. Gossman
9th Cir. · 2005 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987). 1 8.
discussed Cited as authority (rule) United States v. Daniel Gilbert Brown (2×)
9th Cir. · 2003 · confidence medium
Based on the disfavored nature of propensity evidence, its placement within the larger context of the prosecutor's closing argument, and the district court's failure to cure the improper statement, it is "more probable than not that the [prosecutor's misconduct] materially affected the verdict." United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Hornbeck
9th Cir. · 2003 · confidence medium
We have in the past upheld the admission of expert testimony that explained the possible reasons why fingerprints would not be found on an object.” United States v. Burdeau, 168 F.3d 352, 356-57 (9th Cir.1999), citing United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).
discussed Cited as authority (rule) Deason, Michael Conrad v. State
Tex. App. · 2002 · confidence medium
In previous cases, the Ninth Circuit had concluded that cross-examination was sufficient to "alert jurors to specific conditions that render a particular eyewitness identification unreliable." Id . (citing United States v. Christophe , 833 F.2d 1296, 1300 (9th Cir. 1987)).
discussed Cited as authority (rule) Deason v. State
Tex. App. · 2002 · confidence medium
In previous cases, the Ninth Circuit had concluded that cross-examination was sufficient to "alert jurors to specific conditions that render a particular eyewitness identification unreliable.” Id. (citing United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987)).
cited Cited as authority (rule) United States v. Ali
9th Cir. · 2001 · confidence medium
See Sarki-sian, 197 F.3d at 988 ; United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir. 1987).
cited Cited as authority (rule) United States v. Alberto Nunez-Aguilar
9th Cir. · 1998 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1300-01 (9th Cir.1987).
cited Cited as authority (rule) United States v. Armonetti T. Charrier
9th Cir. · 1997 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Timothy Ray Glover James Delano Pedrioli
9th Cir. · 1996 · confidence medium
Prosecutorial Misconduct 40 To successfully move for a new trial based on prosecutorial misconduct, a defendant must show that it is "more probable than not that the [prosecutorial] misconduct materially affected the verdict." United States v. Hinton, 31 F.3d 817, 824 (9th Cir.1994) (citing to United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987).
cited Cited as authority (rule) United States v. Benjamin Curley
9th Cir. · 1996 · confidence medium
"Reversal is warranted only if it is more probable than not that the [prosecutorial] misconduct materially affected the verdict." United States v. Christophe, 833 F.2d 1296, 1303 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Jose Teofilo Solorio, United States of America v. Bourne Bobby Thomas
9th Cir. · 1995 · confidence medium
Nevertheless, we hold that it is not more probable than not that the prosecutor's repeated use of leading questions materially affected the verdict, United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir. 1987), particularly when the trial court sustained defense counsel's objections and sua sponte admonished the prosecutor. 24 Lastly, the record indicates that Solorio's post-arrest statements were spontaneous declarations.
discussed Cited as authority (rule) United States v. Keith E. Dolgaard and William E. Miller, United States of America v. William E. Miller and Keith E. Dolgaard
9th Cir. · 1995 · confidence medium
Even if misconduct occurred, reversal is warranted only if it is more probable than not that the misconduct materially affected the verdict." United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987). 23 Miller complains for the first time on appeal about numerous statements by the prosecutor in his opening statement and closing argument.
cited Cited as authority (rule) United States v. Timothy Short
9th Cir. · 1995 · confidence medium
Bemis, slip. op. at 1052; United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).
cited Cited as authority (rule) Ronald E. Bemis Brenda E. Bemis v. Tim Edwards Leo Lotito Perry Aldrich City of Bend
9th Cir. · 1995 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Richard Santiago, A/K/A \Chuco\""
9th Cir. · 1995 · confidence medium
The decision to admit evidence under Rule 404(b) is reviewed for abuse of discretion, United States v. Khan, 993 F.2d 1368, 1376 (9th Cir.1993), as is the issue of whether evidence is supported by a proper foundation, United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Dennis Keith McChristian United States of America v. John Berry Ingram (2×)
9th Cir. · 1995 · confidence medium
In this case, the district court instructed the jury thoroughly that comments of counsel during closing arguments are not evidence and that the jury was to decide the facts. 3 “[Pjrosecutorial misconduct invites reversal if it appears more probable than not that the alleged misconduct affected the jury’s verdict.” Id. (internal quotations omitted); United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987) (holding reversal justified only when misconduct “denies the defendant a fair trial” by “materially affect[ing] the verdict”).
discussed Cited as authority (rule) United States v. Michael H. Weitzenhoff Thomas W. Mariani (2×)
9th Cir. · 1994 · confidence medium
"A claim of prosecutorial misconduct must be viewed in the entire context of the trial." United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).
cited Cited as authority (rule) United States v. Patrick Hinton
9th Cir. · 1994 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Joseph Aldana (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
"The main inquiry is whether the jury will receive appreciable help from expert testimony." United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir.1987) (internal quotations omitted). 22 Aldana argues that the district court should have allowed Norman Perle to testify as a expert on voice identification, since Perle would have testified that Whitmore, not Aldana, spoke the incriminating words on the tapes. 1 The district court questioned Perle outside the presence of the jury and prohibited him from testifying, because it found that his testimony would not help the jury.
discussed Cited as authority (rule) United States v. Alicia Carrillo De Molina
9th Cir. · 1994 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987). 18 A prosecutor's statements in closing argument require a new trial if (1) the statements did not constitute "reasonable inferences from the evidence" and (2) it is more probable than not that they prejudiced the defense.
cited Cited as authority (rule) United States v. Shirley F. Crowell, United States of America v. Alan Julian, United States of America v. Lora G. Horner, United States of America v. Barbara Ellen Burrell, United States of America v. Annie Varner Reomer
9th Cir. · 1993 · confidence medium
See United States v. Weitzenhoff, No. 92-10105, slip op. 8205, 8225-28, 1993 WL 286783 (9th Cir. Aug. 3, 1993); United States v. Christophe, 833 F.2d 1296, 1300-01 (9th Cir.1987).
cited Cited as authority (rule) United States v. Michael H. Weitzenhoff and Thomas W. Mariani
9th Cir. · 1993 · confidence medium
“A claim of prosecutorial misconduct must be viewed in the entire context of the trial.” United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).
cited Cited as authority (rule) United States v. Robert Melvin Harris
4th Cir. · 1993 · confidence medium
See United States v. Curry, 977 F.2d 1042, 1052 (7th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 1357 , 122 L.Ed.2d 737 (1993); United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Robert Leroy Engelbrecht
9th Cir. · 1993 · confidence medium
We disagree. 15 To demonstrate reversible error, the defendant must establish: "(1) the existence of prosecutorial misconduct; (2) that the issue was preserved for appeal; and (3) that defendant was prejudiced by the misconduct." United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987). 16 Engelbrecht has failed to satisfy the first prong of this analysis; he has not demonstrated that prosecutorial misconduct occurred.
cited Cited as authority (rule) United States v. Louis Anthony Canonico
9th Cir. · 1992 · confidence medium
Under the circumstances, we conclude that the requirements for the admission of Barthel's testimony under United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir.1987) were met.
cited Cited as authority (rule) United States v. Brian Keith George
9th Cir. · 1992 · confidence medium
United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Lewis M. Dischner, United States of America v. Carl W. Mathisen
9th Cir. · 1992 · confidence medium
Fed.R.Evid. 702 allows for testimony by experts if "scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue." See United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Luis Carbarcas-A, A/K/A Lucho (2×)
4th Cir. · 1992 · confidence medium
United States v. Moore, 786 F.2d 1308, 1312 (5th Cir. 1986); United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir. 1987). 5 Several courts have recently held that expert eyewitness identification testimony can be helpful to the trier of fact.
discussed Cited as authority (rule) United States v. Jose Luis Pedraza-Ruiz
9th Cir. · 1992 · confidence medium
III 15 Pedraza-Ruiz also contends that the prosecutor engaged in misconduct during closing arguments. 16 "A claim of prosecutorial misconduct must be viewed in the entire context of the trial." United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Delbert George Lee (2×)
9th Cir. · 1992 · signal: cf. · confidence medium
Cf. United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987) (affirming admission of FBI agent's testimony as to why latent fingerprints are obtained in only a small percentage of bank robbery cases); but cf. United States v. Booth, 669 F.2d 1231, 1240 (9th Cir.1981) (upholding exclusion on relevance grounds of criminologist's testimony explaining why no fingerprints were found). 6 Lee contends that Harwood's testimony should have been excluded because it was beyond the scope of her expertise.
discussed Cited as authority (rule) United States v. Jose De Jesus Ruiz-Granillo
9th Cir. · 1992 · confidence medium
"On review, we reverse only if the district court abused its wide discretion or committed manifest error in excluding expert testimony." United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir.1987). 4 Four criteria must be met before expert testimony is admitted.
cited Cited as authority (rule) United States v. Michael Chakiris, United States of America v. Michael Chakiris
9th Cir. · 1992 · confidence medium
E.g., United States v. Christophe, 833 F.2d 1296, 1299 (9th Cir.1987).
discussed Cited as authority (rule) United States v. Francis C. Palmer (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
For the prosecutor's conduct to constitute reversible error, Palmer must establish: "(1) the existence of prosecutorial misconduct; (2) that the issue was preserved for appeal; and (3) that defendant was prejudiced by the misconduct." United States v. Christophe, 833 F.2d 1296, 1301 (9th Cir.1987); see also Sanchez-Robles, 927 F.2d at 1076 .
discussed Cited as authority (rule) United States v. Otavio Soto-Lopez, A/K/A Genaro Gonzalez-Diaz (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
We disagree. 4 "We review trial court rulings on whether evidence is supported by a proper foundation for abuse of discretion." United States v. Christophe, 833 F.2d 1296, 1300 (9th Cir.1987). 5 The government is required to make a prima facie showing of authenticity.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Gregory CHRISTOPHE, Defendant-Appellant
86-5202.
Court of Appeals for the Ninth Circuit.
Dec 4, 1987.
833 F.2d 1296
George B. Newhouse, Los Angeles, Cal., for plaintiff-appellee., J.L. Lichtman, Los Angeles, Cal., for defendant-appellant.
Wallace, Hall, Leavy.
Cited by 94 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: Ninth Circuit (1)
LEAVY, Circuit Judge:

Gregory Christophe appeals his conviction, following a jury trial, of one count of unarmed bank robbery in violation of 18 U.S.C. § 2113(a). He claims the trial court erred in refusing to admit the testimony of an expert on eyewitness identification, admitting the testimony of an FBI agent as an expert on fingerprints, and refusing to declare a mistrial when he claimed prosecu-torial misconduct.

We conclude that expert testimony on the unreliability of eyewitness identification was properly excluded. Despite additional psychological studies on this subject since 1973, when we held it was not reversible error to exclude such testimony in United States v. Amaral, 488 F.2d 1148 (9th Cir.1973), this testimony is still properly excluded if it does not meet the four criteria listed in Amaral: qualified expert, proper subject, conformity to a generally accepted explanatory theory, and probative value compared to prejudicial effect. Id. at 1153.

We also conclude it was not error for the FBI agent to testify, or for the court to refuse to declare a mistrial.

The conviction is affirmed.

FACTS

On February 14, 1986, a black male entered the Los Angeles Federal Savings and Loan Association at 6399 Wilshire, Los An-geles, California. Deanda Williams, a black teller, noticed him because of his nice looks and athletic physique. She testified later that not many blacks are customers of the Los Angeles Federal Savings and Loan.

The man approached Williams and announced a robbery. When Williams gave him $150, he demanded more. Williams[*1298] had to open her cash drawer repeatedly to produce enough money to satisfy him.

The robbery lasted sixty to ninety seconds. Most of that time, Williams looked directly over the counter into the robber’s face. He did not have a weapon or threaten her physically. She admitted she was afraid, but not extremely so.

The robber took a total of $1,742 from Williams, which he placed in an attache case. As he left the bank, he walked toward, and passed, the desk of Assistant Manager Meagan Patton. Patton was seated at the desk, about twenty-five feet from Williams’ teller window.

Patton, who is white, first saw the robber standing by Williams’ station when she was tipped off by another teller that a robbery was in progress. Five to ten seconds later, the robber turned and walked toward her. She remained seated to conceal her attention, but looked at him as he passed her desk at a distance of about eight feet. She could see the front and side of his face as he approached her. After he passed her, Patton followed him into the lobby of the bank, all the while observing him. When he left the bank, he was still visible through its large plate glass windows. Patton followed him outside and saw him leave the area in a car. She observed him for a total of sixty to ninety seconds, and testified that she had gotten “a very good look” at him. She also testified that visibility in the bank was very-good because of the plate glass windows and interior lighting. Later, teller Williams described the robber as a black male, about five feet nine inches tall, with black hair styled in a “Gerri curl,” a mustache, facial hair under the chin, glasses, and a baseball cap. Assistant Manager Patton described him as a black male, late twenties to thirty years of age, 200 pounds, six feet tall; having an athletic build, broad shoulders, a mustache, “an appearance of a small beard under his throat”; wearing glasses, a plaid shirt, blue jeans, and a baseball cap; and carrying a small bag.

When Christophe was arrested on April 1, 1986, the police described him as a black male, twenty-three years old, five feet ten inches tall, 155 pounds, with a mustache. A photograph of Christophe taken two weeks before the robbery shows a mustache and facial hair under his chin. A photograph taken six weeks after the robbery depicts him with a mustache and a “Gerri curl” hair style similar to the robber’s.

On February 14,1986, exactly one month after the robbery, Williams was shown a photospread of six individuals. She identified Christophe as the robber. At trial she testified she was sure her identification was accurate because she remembered the robber’s facial characteristics.

On May 12, 1986, approximately three months after the robbery, Patton viewed the same photospread. Patton selected two photographs which she thought resembled the robber. She selected Christophe’s photograph as the one most resembling the robber. However, Patton stated that she could not be 100 percent positive that any of the photographs depicted the robber.

At trial, both Williams and Patton identified Christophe as the robber. Patton stated she was “absolutely certain” and Williams stated she was “very certain” the defendant was the robber.

No evidence other than these eyewitness identifications and the bank’s video camera recording connected Christophe with the robbery of the Los Angeles Federal Savings and Loan. The Federal Bureau of Investigation (FBI) search of his home was unproductive. No fingerprints were obtained at the bank. Christophe’s alibi witness, his sister, testified that he was at her house from 11:00 a.m. until dinnertime on the day of the robbery. On cross examination, she testified that Christophe caught the last bus home at 11:00 p.m. Chris-tophe’s main defense was that the eyewitnesses misidentified him.

I. EXPERT TESTIMONY ON EYEWITNESS IDENTIFICATION

Christophe filed an ex parte application for the appointment of an expert on eyewitness identification. The district court[*1299] denied Christophe’s request. Christophe now claims the court committed reversible error in excluding this expert testimony.

Standard of Review

On review, we reverse only if the district court abused its wide discretion or committed manifest error in excluding expert testimony. United States v. Marabelles, 724 F.2d 1374, 1381 (9th Cir.1984). Moreover, the defendant must show, by clear and convincing evidence, the “prejudice ... caused by the court’s failure to appoint an expert.” United States v. Sims, 617 F.2d 1371, 1375 (9th Cir.1980) (citations omitted).

Discussion

Fed.R.Evid. 702 sets the standard for the admissibility of expert testimony. Such testimony is admissible “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.” The main inquiry is whether the jury will receive “appreciable help” from expert testimony. Amaral, 488 F.2d at 1152 (citations omitted). No federal authority requires the admission of testimony on the unreliability of eyewitnesses. United States v. Langford, 802 F.2d 1176, 1179 (9th Cir.1986) (quoting United States v. Moore, 786 F.2d 1308, 1312-13 (5th Cir.1986)), ce rt. denied, — U.S. —, 107 S.Ct. 3235, 97 L.Ed.2d 740 (1987). We have repeatedly upheld the exclusion of such testimony. See Langford, 802 F.2d at 1180; United States v. Brewer, 783 F.2d 841, 843 (9th Cir.), cert. denied, — U.S. —, 107 S.Ct. 118, 93 L.Ed.2d 64 (1986); Amaral, 488 F.2d at 1153.

In Amaral, we set forth four criteria to determine the helpfulness of expert testimony: (1) qualified expert; (2) proper subject; (3) conformity to a generally accepted explanatory theory; and (4) probative value compared to prejudicial effect. Id. at 1153. A jury will not be helped unless the witness is an expert in the field. See Fineberg v. United States, 393 F.2d 417, 421 (9th Cir.1968) (a witness must have such knowledge or experience so as to aid the jury with his opinion or inference). If the matter testified to is within the knowledge of jurors, it is not a proper subject for expert testimony. See United States v. Winters, 729 F.2d 602, 605 (9th Cir.1984). Unless the testimony conforms to a generally accepted explanatory theory, it will not be the best available approximation of truth in the judgment of the majority of scientists who work in the particular specialty involved. See id. (testimony is admissible when the state of scientific knowledge permits the assertion of a reasonable opinion); Frye v. United States, 293 F. 1013, 1014 (D.C.Cir.1923) (expert testimony is admissible if the scientific principle is sufficiently established to have gained general acceptance in the field to which it belongs). Moreover, a jury is misled when a theory presented as scientific truth is in fact not generally accepted. Finally, a jury is helped appreciably when testimony is probative rather than prejudicial, confusing, or misleading. See Amaral, 488 F.2d at 1152.

Amaral left to the broad discretion of the trial court whether, using these criteria, expert testimony on the unreliability of eyewitnesses should be admitted. In Amaral, we held that such expert testimony was properly excluded, because cross examination is sufficient to expose any deficiencies in eyewitness testimony. Id. at 1153.

The appellant claims that studies after our decision in Amaral demonstrate the unreliability of eyewitnesses and the unquestioning acceptance of their testimony by juries. He claims that expert testimony is necessary to counterbalance the jury’s tendency to rely too heavily on eyewitness testimony.

However, the proffered expert testimony does not conform to a generally accepted explanatory theory. Psychologists do not generally accept the claimed dangers of eyewitness identification in a trial setting. See McCloskey & Egeth, Eyewitness Identification: What Can A Psychologist Tell A Jury? 38 Am.Psychologist 550, 551 (May 1983) (stating that “there is virtually no empirical evidence that [jurors] are unaware of the problems with eyewitness tes[*1300] timony”). [1] Consequently, this criterion set forth in Amaral for the admission of expert testimony is not met. The trial court neither abused its discretion nor prejudiced Christophe in excluding the proffered expert testimony. We adhere to the position that skillful cross examination of eyewitnesses, coupled with appeals to the experience and common sense of jurors, will sufficiently alert jurors to specific conditions that render a particular eyewitness identification unreliable. Cross examination was sufficient to bring to the jury’s attention any difficulties in Williams’ or Patton’s identification of Christophe as the robber.

II. EXPERT TESTIMONY ON FINGERPRINTS

The government asked the FBI agent who investigated the case why latent fingerprints are obtained in only ten percent of the bank robbery cases. Christophe objected that the agent was not qualified as an expert on fingerprints. The trial court allowed the agent to testify. Christophe claims the court abused its discretion. He also claims it was error to allow the agent to testify to the contents of a police report.

Standard of Review

A trial court has broad discretion to admit or exclude expert testimony and is reversed only for manifest error. United States v. Gann, 732 F.2d 714, 724-25 (9th Cir.) (quoting Wood v. Stihl, Inc., 705 F.2d 1101, 1104 (9th Cir.1983)), cert. denied, 469 U.S. 1034, 105 S.Ct. 505, 83 L.Ed.2d 397 (1984). We review trial court rulings on whether evidence is supported by a proper foundation for abuse of discretion. United States v. Benny, 786 F.2d 1410, 1419 (9th Cir.), cert. denied, — U.S. —, 107 S.Ct. 668, 93 L.Ed.2d 720 (1986).

Discussion

The case agent testified he had seven years of experience with the FBI. He spent the last four years investigating 800 to 1000 robberies. He also received specialized law enforcement and investigative training at the FBI Academy in Quantico, Virginia.

The trial court did not abuse its discretion in admitting the testimony. The agent was qualified as a “skilled” witness. Fed. R.Evid. 702 advisory committee’s note.

Our ruling in United States v. Booth, 669 F.2d 1231 (9th Cir.1981), is not to the contrary. In Booth, we held that the trial court did not abuse its discretion in excluding a criminologist’s testimony as to why no fingerprints were found in a get-away vehicle following a bank robbery. Id. at 1240. There, the government failed to show the criminologist’s training qualified him as an expert on why no fingerprints were found on the vehicle. The jury was capable of inferring the fingerprints were wiped from the vehicle without the assistance of an expert. Id. Here, it is not so easy to infer why no fingerprints were found at the bank. Further, the government laid a foundation as to the agent’s expertise in investigating bank robberies. It was within the discretion of the court to admit the testimony.

The court did not err in refusing to exclude as hearsay the agent's statement that a police report contained no mention of fingerprints, so far as he knew. The agent did not testify that the police report was accurate; he merely testified as to what he saw in the report and how it affected his knowledge that no fingerprints were found at the Los Angeles Federal Savings and Loan. The testimony as to why none were found was also properly admitted.

III. THE MOTION FOR A MISTRIAL FOR PROSECUTORIAL MISCONDUCT

Christophe claims the court erred in denying his motion for a mistrial. He contends that the prosecutor improperly elicited a reference to his pretrial incarceration, which resulted in jury prejudice against him.

Standard of Review

A claim of prosecutorial misconduct must be viewed in the entire context of the trial. Reversal is justified only[*1301-1307] when such misconduct denies the defendant a fair trial. United States v. Ochoa-Sanchez, 676 F.2d 1283, 1289 (9th Cir.), cert. denied, 459 U.S. 911, 103 S.Ct. 219, 74 L.Ed.2d 174 (1982). Even if misconduct occurred, reversal is warranted only if it is more probable than not that the misconduct materially affected the verdict. United States v. Flake, 746 F.2d 535, 541 (9th Cir.1984), cert. denied, 469 U.S. 1225, 105 S.Ct. 1220, 84 L.Ed.2d 360 (1985); United States v. Nadler, 698 F.2d 995, 1001 (9th Cir.1983).

Discussion

For reversible error on prosecutorial misconduct, a defendant must establish: (1) the existence of prosecutorial misconduct; (2) that the issue was preserved for appeal; and (3) that defendant was prejudiced by the misconduct. United States v. Berry, 627 F.2d 193, 197 (9th Cir.1980), cert. denied, 449 U.S. 1113, 101 S.Ct. 925, 66 L.Ed.2d 843 (1981).

The transcript shows that the witness volunteered the information regarding the pretrial incarceration. [2] The government did nothing to prompt the witness’s response. Defense counsel did not object to the response, nor did he request a curative instruction.

The trial court properly denied the motion for a mistrial.

CONCLUSION

The trial court did not abuse its discretion in refusing to admit expert testimony regarding eyewitness identification, and in allowing the FBI agent to testify as an expert on fingerprints. No prosecutorial misconduct occurred when a witness volunteered information about Christophe’s pretrial incarceration.

AFFIRMED.

1

. Psychologists warn that expert testimony may detrimentally affect a jury, in that jurors may be made overly skeptical of an eyewitness’s testimony as a result of the expert’s testimony. Id. at 558-59.

2

. The witness’s testimony was as follows:

BY MR. NEWHOUSE:
******
Q: You do have a phone in your apartment, don’t you?
A: Yes. In fact, on that — when I found out the Pacific [sic] day I told a friend that she was gonna help me find an attorney to represent Gregory.
I did call to get — to see where Gregory was, when was his trial date and how to get — visit him — what was the visiting hours that we can see him.

(3 R.T. 165; emphasis added).

******
Q: And he [defendant] didn’t say, "weren’t we together on February 14, 1986, at 2:00?
Can’t you testify that I was present in your apartment and could not possibly have committed this robbery? He didn’t say that?
A: No, he didn’t.
Q: He didn’t. He didn’t mention that at all?
A: No.
Q: Aren’t you a little surprised that he didn’t mention that to you?
A: No. In fact, every time he called it’s only a couple of minutes and then he have to go, so the conversation was maybe less than a minute and he said that one of the guards was asking him to get off the phone, so he had to go-

3 (R.T. 170-71; emphasis added).