U.S. v. Flournoy

In prosecution on drug conspiracy charge, prosecutor did not err when, in response to defense counsel’s statement during closing arguments that govt. had failed to call certain witnesses, prosecutor stated that while govt. had burden of proof in case, “defense can call witnesses too, if they want.” Prosecutor may tell jury that defendant has power to subpoena witnesses, where, as here, jurors were also told that govt. carried burden of proof. Ct. also rejected defendant’s argument that govt. violated his due process rights by calling witness who gave testimony that conflicted with witness’ prio statements made at witness’ guilty plea hearing, where: (1) there was no indication that witness’ trial testimony was false, as opposed to statements made by witness at guilty plea hearing; and (2) substance of witness’ trial testimony could not have affected jury’s guilty verdict, where other evidence overwhelmingly established defendant’s guilt.