Jerry L. McCauley v. Paul K. Delo, 97 F.3d 1104 (8th Cir. 1996). · Go Syfert
Jerry L. McCauley v. Paul K. Delo, 97 F.3d 1104 (8th Cir. 1996). Cases Citing This Book View Copy Cite
64 citation events (54 in the last 25 years) across 10 distinct courts.
Strongest positive: State of New Jersey v. Tyrell Jackson (njsuperctappdiv, 2026-03-20)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 39 distinct citers.
cited Cited as authority (rule) State of New Jersey v. Tyrell Jackson
N.J. Super. Ct. App. Div. · 2026 · confidence medium
Super 1, 16-17 (App. Div. 2013) (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
discussed Cited as authority (rule) State of New Jersey v. Troy Leeper
N.J. Super. Ct. App. Div. · 2025 · confidence medium
Further, when considering the impact an absent witness may have, "a court should consider: '(1) the credibility of all witnesses, including the likely A-3417-22 18 impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.'" Id. at 16-17 (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
discussed Cited as authority (rule) State of New Jersey v. Troy Leeper
N.J. Super. Ct. App. Div. · 2025 · confidence medium
Further, when considering the impact an absent witness may have, "a court should consider: '(1) the credibility of all witnesses, including the likely A-3417-22 18 impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.'" Id. at 16-17 (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
discussed Cited as authority (rule) State of New Jersey v. Francis Preto
N.J. Super. Ct. App. Div. · 2024 · confidence medium
When a reviewing court considers the impact an absent witness may have, it "should consider: '(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.'" Id. at 16-17 (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
cited Cited as authority (rule) State of New Jersey v. Alphonse Anderson
N.J. Super. Ct. App. Div. · 2024 · confidence medium
Super. at 16 -17 (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
discussed Cited as authority (rule) SMITH v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY
D.N.J. · 2023 · confidence medium
The inquiry demands a multi-factor analysis: “In considering the impact of the absent witness, a court should consider ‘(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.’” Id. at 16-17 (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)), The Court’s task is not merely to compare the relative credibility of the uncalled witnesses and the witnesses presente…
discussed Cited as authority (rule) Jackson v. United States
N.D. Iowa · 2021 · confidence medium
Analysis For a claim of ineffective assistance of counsel for failure to call a witness, the court must “add the proffered testimony” of the witness “to the body of evidence that actually was presented at his trial.” McCauley-Bey v. Delo, 97 F.3d 1104, 1105-06 (8th Cir. 1996).
cited Cited as authority (rule) STATE OF NEW JERSEY VS. JARON D. REEVEY (03-11-2080, MONMOUTH COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
Super. 1 , 16–17 (App. Div. 2013) (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. KASHIF PARVAIZ (12-06-0665, MORRIS COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
The PCR court "considering the impact of [an] absent witness" must evaluate, among other things, "the credibility of all witnesses, including the likely impeachment of the uncalled defense witness[] . . . and . . . the strength 8 A-4591-19 of the evidence actually presented by the prosecution." Id. at 16–17 (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. CARL HOLDREN (07-09-0125, MONMOUTH COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · confidence medium
There, we specifically addressed how a judge considering an IAC claim premised on failure to call a witness should proceed: "a court should consider: '(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the A-1388-19 8 evidence actually presented by the prosecution.'" Id. at 16–17 (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. FRANCIS J. PRETO (11-05-0884 AND 08-10-1541, OCEAN COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2020 · confidence medium
A-1393-18T1 12 1, 16 (App. Div. 2013) (noting that the importance of an absent witness must be judged in light of the "interplay of the uncalled witness[] with the actual defense witnesses called" (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996))).
cited Cited as authority (rule) STATE OF NEW JERSEY VS. D.D. (10-02-0218, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
N.J. Super. Ct. App. Div. · 2020 · confidence medium
Super. 1, 16-17 (App. Div. 2013) (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
cited Cited as authority (rule) STATE OF NEW JERSEY VS. JOSEPH A. RANDONE (10-04-0646, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
N.J. Super. Ct. App. Div. · 2020 · confidence medium
Super. 1, 16-17 (App. Div. 2013) (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
cited Cited as authority (rule) Smith v. Steele
E.D. Mo. · 2019 · confidence medium
McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996).
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. ZARIK ROSE (06-04-0377, GLOUCESTER COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2019 · confidence medium
The court should consider "the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses" and "the strength of the evidence actually presented by the prosecution." Id. at 16-17 (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996)).
discussed Cited as authority (rule) Dimetrious Woods v. Jeff Norman
8th Cir. · 2016 · confidence medium
When applying the prejudice prong of the Strickland analysis to a defense lawyer’s decision not to call a witness, we assess “(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actu *396 ally presented by the prosecution.” McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996).
discussed Cited as authority (rule) Bolden v. United States
E.D. Mo. · 2016 · confidence medium
In the context of an ineffective assistance claim based on failure to call witnesses, the court, in determining prejudice, considers “(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses, (2) the interplay of the uncalled witnesses with the actual defense witnesses called, and (3) the strength of the evidence actually presented by the prosecution.” McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir.1996), cert. denied, 520 U.S. 1178 , 117 S.Ct. 1453 , 137 L.Ed.2d 558 (1997).
discussed Cited as authority (rule) Alcorn v. State
Fla. · 2013 · confidence medium
A “determination of ‘reasonable probability’ that the [defendant] would have accepted the plea requires consideration of ‘the totality of the evidence.’ ” Wanatee v. Ault, 39 F.Supp.2d 1164, 1175 (N.D.Iowa 1999) (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1105 (8th Cir.1996)).
examined Cited as authority (rule) Armstrong v. Kemna (6×) also: Cited "see"
8th Cir. · 2010 · confidence medium
Strickland Prejudice “To show prejudice [under Strickland ], ‘[t]he defendant must show that there is a *596 reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” McCauley-Bey v. Delo, 97 F.3d 1104, 1105 (8th Cir.1996) (quoting Strick land, 466 U.S. at 694 , 104 S.Ct. 2052 ).
examined Cited as authority (rule) William Armstrong v. Mike Kemna (6×) also: Cited "see"
8th Cir. · 2010 · confidence medium
Strickland Prejudice “To show prejudice [under Strickland], ‘[t]he defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” McCauley-Bey v. Delo, 97 F.3d 1104, 1105 (8th Cir. 1996) (quoting Strickland, 466 U.S. at 694 ).
discussed Cited as authority (rule) Davis v. State
Ala. Crim. App. · 2009 · confidence medium
In conducting this analysis, we will consider: ‘(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.’ McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir.1996).” Siers v. Class, 581 N.W.2d 491, 497-98 (S.D.1998).
discussed Cited as authority (rule) Terrick Alfred Williams v. United States
8th Cir. · 2006 · confidence medium
As the district court noted, in this instance we add Clara’s proffered testimony to the evidence that was before the jury in the second trial, and then “gauge the likely outcome of a trial based on this total body of evidence.” McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir.1996), cert. denied, 520 U.S. 1178 , 117 S.Ct. 1453 , 137 L.Ed.2d 558 (1997).
discussed Cited as authority (rule) Terrick A. Williams v. United States
8th Cir. · 2006 · confidence medium
As the district court noted, in this instance we add Clara's proffered testimony to the evidence that was before the jury in the second trial, and then "gauge the likely outcome of a trial based on this total body of evidence." McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996), cert. denied, 520 U.S. 1178 (1997).
discussed Cited as authority (rule) Hirning v. Dooley
S.D. · 2004 · confidence medium
We therefore “consider: ‘(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.’ ” Id. (citing McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir.1996)). “[T]here is no prejudice if, factoring in the uncalled witnesses, the government’s case remains overwhelming.” Id. ¶ 27 (citations omitted). [¶ 15.] Hirning first asserts that Gerdes was ineffective for failing to prop…
discussed Cited as authority (rule) Boyles v. Weber
S.D. · 2004 · confidence medium
Id. (quoting McCauley-Bey v. Delo, 97 F.3d 1104,1106 (8th Cir.1996)). [¶ 32.] Petitioner has not shown either that the “witness would have testified” or that it would “have probably changed the outcome of the trial.” At the habeas hearing, Petitioner did not call Krogman, Va-landra, or the purported corroborating witness, Andrews.
discussed Cited as authority (rule) Anthony Siers v. Douglas Weber
8th Cir. · 2001 · confidence medium
In conducting this analysis, we will consider: “(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.” McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996).
discussed Cited as authority (rule) Anthony Siers v. Douglas Weber, Warden of the South Dakota State Penitentiary Mark W. Barnett, South Dakota Attorney General
8th Cir. · 2001 · confidence medium
In conducting this analysis, we will consider: “(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.” McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir.1996).
discussed Cited as authority (rule) Siers v. Class (2×)
S.D. · 1998 · confidence medium
In conducting this analysis, we will consider: "(1) the credibility of all witnesses, including the likely impeachment of the uncalled defense *498 witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution." McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir.1996). ¶ We consider the credibility of the uncalled witnesses, Joanna and Forest, as part of determining prejudice.
cited Cited as authority (rule) Jenkins v. State of Missouri
W.D. Mo. · 1997 · confidence medium
McCauley-Bey v. Delo, 97 F.3d 1104, 1105 (8th Cir.1996).
discussed Cited "see" Howland v. Stange
E.D. Mo. · 2025 · signal: see · confidence high
See McCauley-Bey v. Delo, 97 F.3d 1104 (8th Cir. 1996) (no prejudice for counsel’s failure to call witnesses where their testimony was 6 To the extent the court of appeals made factual findings in this summary, I presume those findings to be correct given Howland’s failure to present clear and convincing evidence to rebut the presumption of correctness. 28 U.S.C. § 2254 (e)(1). impeachable and government’s case was overwhelming).
cited Cited "see" Blakeney v. United States
E.D. Mo. · 2020 · signal: see · confidence high
See McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996).
discussed Cited "see" Rahsaan Taylor v. Wendy Kelley
8th Cir. · 2016 · signal: see · confidence high
See Armstrong v. Kemna, 590 F.3d 592, 605 (8th Cir. 2010) (“there is no prejudice if, factoring in the uncalled witnesses, the government’s case remains overwhelming.” (quoting McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996))).
discussed Cited "see" State of New Jersey v. L.A.
N.J. Super. Ct. App. Div. · 2013 · signal: see · confidence high
See McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996) (stating that the absent witness's credibility "is a part of determining prejudice"), cert. denied, 520 U.S. 1178 , 117 S. Ct. 1453 , 137 L.
cited Cited "see" Armstrong v. Kemna
8th Cir. · 2008 · signal: see · confidence high
See McCauley-Bey v. Delo, 97 F.3d 1104, 1105-06 (8th Cir.1996), cert. denied, 520 U.S. 1178 , 117 S.Ct. 1453 , 137 L.Ed.2d 558 (1997).
cited Cited "see" William Armstrong v. Mike Kemna
8th Cir. · 2008 · signal: see · confidence high
See McCauley-Bey v. Delo, 97 F.3d 1104, 1105-06 (8th Cir. 1996), cert. denied, 520 U.S. 1178 (1997).
cited Cited "see" Jermaine Dana Saunders, Also Known as \Chatter
unknown court · 2001 · signal: see · confidence high
See McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir.1996) (applying Strickland prejudice test in 28 U.S.C. § 2254 case), cert. denied, 520 U.S. 1178 , 117 S.Ct. 1453 , 137 L.Ed.2d 558 (1997).
cited Cited "see" Jermaine Saunders v. United States
8th Cir. · 2001 · signal: see · confidence high
See McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir. 1996) (applying Strickland prejudice test in 28 U.S.C. § 2254 case), cert. denied, 520 U.S. 1178 (1997).
discussed Cited "see" Wanatee v. Ault
N.D. Iowa · 1999 · signal: see · confidence high
See McCauley-Bey v. Delo, 97 F.3d 1104, 1105 (8th Cir.1996) (“The claim of ineffective assistance of counsel is a mixed question of law and fact,” citing Laws v. Armontrout, 863 F.2d 1377, 1381 (8th Cir. *1174 1988) (en banc), cert. denied, 490 U.S. 1040 , 109 S.Ct. 1944 , 104 L.Ed.2d 415 (1989)); Carter v. Hopkins, 92 F.3d 666, 669 (8th Cir.1996) (“The district court’s determination on an ineffective assistance of counsel claim, “both as to the deficient performance and prejudice components”, is a mixed question of law and fact,” citing Sherron v. Norris, 69 F.3d 285, 290 (8th C…
discussed Cited "see, e.g." Commonwealth v. Johnson
Pa. · 2009 · signal: see, e.g. · confidence medium
See, e.g., McCauley-Bey v. Delo, 97 F.3d 1104, 1106 (8th Cir.1996) ("the credibility of the uncalled witnesses is a part of determining prejudice”); Wilson v. Kemna, 12 F.3d 145, 147 (8th Cir.1994) (defendant not prejudiced by absence of uncalled witness' testimony because, inter alia, witness was married to defendant at time and therefore impeachable). 8 .
Jerry L. McCAULEY-BEY, Appellee,
v.
Paul K. DELO, Appellant
95-4053.
Court of Appeals for the Eighth Circuit.
Dec 3, 1996.
97 F.3d 1104
Staey L. Anderson, Asst. Atty. Gen., argued, Jefferson City, MO, for appellant., M. Steven Brown, argued, St. Louis, MO, for appellee.
Magill, Gibson, Arnold.
Cited by 40 opinions  |  Published
MAGILL, Circuit Judge.

Jerry McCauley-Bey, serving a life sentence for second degree murder, a consecutive life sentence for first degree assault, and two concurrent thirty-year sentences for armed criminal action, petitioned in district court for a writ of habeas corpus. 28 U.S.C. § 2254. The district court conditionally granted the writ. The government appeals, and we reverse.

I.

On July 21, 1988, McCauley-Bey got into an argument with Garlón McCoy and several of McCoy’s friends. The argument began after an intoxicated McCoy urinated near McCauley-Bey and McCauley-Bey’s girlfriend, Sharon Mitchell. MeCauley-Bey’s friend, Ricky Hill, ran across the street and returned with two pistols. After the argument, McCoy and his friends got into a van. McCauley-Bey and Hill approached and McCauley-Bey began firing into the van.[*1105] After the first gun was emptied, McCauley-Bey took the second gun from Hill and continued shooting. McCoy was killed and his friend, Ronnie Patrick, was wounded in the knee.

After McCauley-Bey’s arrest but before trial, he received a letter dated June 8, 1989, from trial counsel, Herman Jimerson, stating that three witnesses, James Massey, Tyrone Mitchell, and Eva Washington, would not be called because of their prior criminal histories. McCauley-Bey responded with a letter dated June 12, 1989, expressing disappointment and stating that he still wanted the witnesses called. The witnesses did not testify. On June 29,1989, a jury found McCau-ley-Bey guilty.

Raising a claim of ineffective assistance of counsel based on his trial counsel’s failure to call the three witnesses, McCauley-Bey pursued state postconviction relief without success. McCauley-Bey was initially denied an evidentiary hearing on his ineffective assistance claim, but following appeal to the Missouri Court of Appeals, a hearing was held. State v. McCauley, 831 S.W.2d 741 (Mo.App.1992). In anticipation of the evidentiary hearing, McCauley-Bey requested access to his legal records and on July 16, 1990, was given at least part of his file. However, it is unclear precisely when McCauley-Bey received copies of the aforementioned correspondence with trial counsel. The evidentia-ry hearing was held on September 15, 1992. The state courts rejected McCauley-Bey’s claim of ineffective assistance of counsel and found that trial counsel failed to call the three witnesses because their names had not been given to him. McCauley v. State, 866 S.W.2d 892, 894-95 (Mo.App.1993).

On January 31, 1994, McCauley-Bey filed a federal petition for a writ of habeas corpus. McCauley-Bey reasserted his claim of ineffective assistance of counsel. On December 20, 1994, an evidentiary hearing was held to determine why the three witnesses had not been called by trial counsel. On October 25, 1995, the district court granted a conditional writ of habeas corpus. The government now appeals.

II.

On appeal, the government argues that the prejudice prong of the ineffective assistance of counsel test was not satisfied by counsel’s failure to call the three witnesses. [1]

The claim of ineffective assistance of counsel is a mixed question of law and fact. Laws v. Armontrout, 863 F.2d 1377, 1381 (8th Cir.1988) (en banc), cert. denied, 490 U.S. 1040, 109 S.Ct. 1944, 104 L.Ed.2d 415 (1989). Accordingly, the district court’s factual findings are subject to the clearly erroneous standard of review, while the district court’s legal conclusions are subject to de novo review. Id. at 1381-82.

To be successful in a claim of ineffective assistance of counsel a petitioner must demonstrate that counsel’s performance was deficient, and further, that the deficient performance prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). We need not decide if counsel was ineffective if sufficient prejudice is not shown. Id. at 697, 104 S.Ct. at 2069-70. To show prejudice, “[t]he defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694, 104 S.Ct. at 2068. A reasonable probability is one sufficient to undermine confidence in the outcome. Id. “[I]n determining the existence vel non of prejudice, the court ‘must consider the totality of the evidence before the judge or jury.’ ” Kimmelman v. Morrison, 477 U.S. 365, 381, 106 S.Ct. 2574, 2586, 91 L.Ed.2d 305 (1986) (quoting Strickland, 466 U.S. at 695, 104 S.Ct. at 2068-69). Applying these standards here, the petitioner has not shown prejudice.

In this case, we are required to add the proffered testimony of McCauley-Bey’s[*1106] uncalled witnesses to the body of evidence that actually was presented at his trial. Using this hypothetical construct, we must gauge the likely outcome of a trial based on this total body of evidence. Prejudice exists if there is a reasonable probability that the outcome would be different than that at the actual trial. In conducting this analysis, we are mindful of: (1) the credibility of all witnesses, including the likely impeachment of the uncalled defense witnesses; (2) the interplay of the uncalled witnesses with the actual defense witnesses called; and (3) the strength of the evidence actually presented by the prosecution.

First, the credibility of the uncalled witnesses is a part of determining prejudice. Wilson v. Kemna, 12 F.3d 145, 147 (8th Cir.1994) (uncalled witness was married to defendant at the time and therefore was impeachable). McCauley-Bey’s three uncalled witnesses were all subject to impeachment. Neither James Massey, Tyrone Mitchell, nor Eva Washington came forward promptly. James Massey could have been impeached with a prior assault conviction. Tyrone Mitchell was the brother of McCau-ley-Bey’s girlfriend, Sharon Mitchell. Further, Tyrone Mitchell’s ability to observe could have been challenged. Initially, based on his testimony at the evidentiary hearing, Mitchell would have testified at trial that he saw the shooting, that he saw McCauley-Bey and Sharon Mitchell running from the shooting, and that he was ducking during the shooting. In addition, details of Tyrone Mitchell’s account are not consistent with the testimony of other witnesses who testified that the shooting took place at night with the shooter firing into the van while standing between a truck and the van. By contrast, Mitchell would have stated that the shooting took place at dusk and that he saw no truck. Mitchell was approximately three blocks away from the shooting; if the truck was there, it likely would have blocked Mitchell’s view.

Second, the testimony of the uncalled witnesses is not considered in a vacuum. Strickland specifically directs that the totality of the evidence be considered. 466 U.S. at 695, 104 S.Ct. at 2068-69. Thus, the interplay between the uncalled witnesses and the defense witnesses actually presented is at issue. McCauley-Bey presented himself, Ricky Hill, and Sharon Mitchell to establish that he was not the gunman. However, Ricky Hill was impeached by prior statements consistent with the government’s version of events. Previously, Hill had told police that both he and McCauley-Bey had fired the shots. He repeated that account when he entered his guilty plea. • Likewise, Sharon Mitchell was impeached using a prior statement to police that McCauley-Bey was the gunman. Thus, even if the uncalled witnesses were unimpeachable, which they clearly were not, their testimony would have been weakened when the same version of events was also told by two witnesses who earlier gave accounts consistent with the government’s witnesses.

Finally, there is no prejudice if, factoring in the uncalled witnesses, the government’s case remains overwhelming. Fast Horse v. Class, 87 F.3d 1026, 1029 (8th Cir.1996); United States v. Hubbard, 22 F.3d 1410, 1422 (7th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 762, 130 L.Ed.2d 660 (1995). The substantial evidence against McCauley-Bey convinces us that there is not a reasonable probability that the outcome of the trial would have been different if the 'uncalled witnesses had testified. The government presented four witnesses whose testimony contradicts the proffered testimony of the uncalled witnesses. John Robinson, Ricky Davis, Michael Norman, and Ronnie Patrick all testified that McCauley-Bey fired shots into the van. Robinson, Davis, and Norman also had previously identified McCauley-Bey as the gunman both in a photo array and a lineup.

III.

The district court erred in finding prejudice and did not give proper weight to the credibility of the uncalled witnesses, the interplay between the uncalled witnesses and the actual defense witnesses called, and the strength of the evidence presented by the[*1107] prosecution. For these reasons, the judgment of the district court is reversed.

1

. The government also argues that the district court erred in granting an evidentiary hearing after McCauley-Bey received a hearing in state court and that, without the federal evidentiary hearing, the district court could not have found ineffective assistance of counsel based on the state court record. Because we find that there was no showing of prejudice based on the evidence actually received by the district court, we need not reach these issues.