Stewart v. Cowan, 528 F.2d 79 (6th Cir.)

Appellant argues that admitting the testimony about the FBI ballistics report violated the confrontation clause because the appellant could not confront the person who made the report. The FBI report here said that although the class characteristics matched, there were insufficient marks on the bullet to make further comparison or identification conclusions. The court held that because the report indicated that the bullet could have been fired from a similar gun, it was not beneficial to the appellant. The court holds that the prosecution was required to show a good faith effort to have the FBI technician available in court.