United States v. Bert Lancaster, United States of America v. Derrick Vanlierop

Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Chief Judge WILKINSON and Judges RUSSELL, WIDENER, HALL, WILKINS, NIEMEYER, and LUTTIG joined. Judge MURNAGHAN wrote a dissenting opinion, in which Judges ERVIN, HAMILTON, and MICHAEL joined. Judge MOTZ wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Derrick Vanlierop and Bert Lancaster appeal their convictions for assault resulting in serious bodily injury, see 18 U.S.C.A. § 113(a)(6) (West.Supp.1996), and prisoner possession of a shank, see 18 U.S.C.A. § 13(a) (West Supp.1996) (assimilating Va. Code Ann. § 53.1-203(4) (Michie 1994)); additionally, Vanlierop appeals his conviction for simple assault on a correctional officer, see D.C.Code Ann. § 22-505(b) (1981). Appellants contend primarily that the district court committed reversible error in refusing to ask whether any member of the venire would lend greater credibility to the testimony of law enforcement officers based solely on their status as law enforcement officers. See United States v. Evans, 917 F.2d 800 (4th Cir.1990). Appellants also challenge a decision of the district court excluding certain evidence and a ruling by the district court limiting the cross-examination of a witness.

A divided panel of this court considered and rejected Appellants’s contentions, thereby affirming their convictions. United States v. Lancaster, 78 F.3d 888 (4th Cir.1996). Thereafter, however, a majority of the judges of this circuit voted to vacate the panel opinion and rehear the case en banc. Having done so, we again affirm Appellants’s convictions, and in the process we overrule Evans and cases relying upon its reasoning. We also conclude that neither of Appellants’s remaining contentions has merit.

I.

Appellants’s convictions stem from an incident at the Lorton Reformatory in Lorton, Virginia on May 14, 1994. According to the Government’s theory of the case, Lancaster attacked another inmate, Aaron Davis, with a shank while Vanlierop, using a shank of his own, prevented correctional officers from coming to Davis’s aid. Appellants presented a different version of events, arguing that Lancaster, having been attacked by Davis, acted in self-defense and that Vanlierop was attempting to assist Lancaster.

The Government presented its case largely through the testimony of Corporal Lloyd R. Staggs, III, who testified that he escorted a group of ten inmates, including Vanlierop and Lancaster, to the prison yard for a recreational period. The inmates were handcuffed together in pairs, with one inmate’s right wrist shackled to his partner’s left wrist.1 When all ten inmates had entered the yard, Corporal Staggs began to remove the hand*737cuffs, beginning with Lancaster and his partner. Corporal Staggs then removed the handcuff from Vanlierop’s partner. Before he could remove Vanlierop’s handcuff, Corporal Staggs observed Lancaster stabbing Davis with a shank. Corporal Staggs restrained Lancaster, but released him after Vanlierop approached with a shank and ordered Corporal Staggs to release Lancaster. When Corporal Staggs did so, Lancaster resumed his assault on Davis.

Corporal Staggs further testified that he complied with Vanlierop’s order to turn over his keys. Vanlierop then moved to the area where the fight between Lancaster and Davis was taking place. Corporal Staggs used this opportunity to call for assistance on his radio, prompting Vanlierop to threaten to kill Corporal Staggs if he used the radio. Subsequently, other correctional officers arrived and restored order. Vanlierop, who initially refused to surrender his shank, was subdued by Lieutenant Charles Teixeira and Corporal Staggs. During the course of his testimony, Corporal Staggs was shown two shanks that were recovered from the prison yard after the incident. Corporal Staggs identified the shanks as those used in the incident; the shanks were then entered into evidence as Government exhibits.

On cross-examination, defense counsel questioned Corporal Staggs regarding several instances of misconduct reported in his personnel file. These incidents included: a citation for “inexcusable neglect and negligence” after Corporal Staggs improperly allowed inmates access to an area where keys were stored; a citation for mishandling keys; a citation for engaging in “horseplay” with inmates; a citation for negligence in the performance of a count of inmates; a recommendation that Corporal Staggs’s employment be terminated; and a citation for lack of dependability.

The Government also presented the testimony of Lieutenant Teixeira, who testified that as he entered the prison yard, he observed Vanlierop attempting to leave the area. Lieutenant Teixeira ordered Vanlierop to stop, at which point Vanlierop turned toward Lieutenant Teixeira and brandished a shank. Vanlierop initially refused to surrender the weapon, but dropped the shank after Lieutenant Teixeira threatened to spray him with mace. Lieutenant Teixeira then subdued Vanlierop and placed handcuffs on him with the assistance of Corporal Staggs. Other officers broke up the fight between Lancaster and Davis.

Lieutenant Teixeira also testified regarding his favorable opinion of Corporal Staggs’s capabilities, stating that although Corporal Staggs “tends sometimes to take things too lightly” (J.A. at 152), no disciplinary action against him was warranted with respect to his conduct during the May 14 incident. On cross-examination, defense counsel referred to several of the disciplinary reports in Corporal Staggs’s personnel file, inquiring after recitation of each whether Lieutenant Teixeira was aware of the incident referred to in the report and whether it changed his opinion of Corporal Staggs. Lieutenant Teixeira responded that he was not aware of the incidents, but that his opinion of Corporal Staggs was based solely on his personal observations and that knowledge of the incidents did not substantially change his opinion. After several such questions and answers, the district court sustained the Government’s objection and prohibited defense counsel from further rehashing the contents of Corporal Staggs’s personnel file.

Vanlierop testified that he and Lancaster, who were from New York City, were subject to harassment from the other inmates, most of whom were from Washington, D.C. Van-lierop asserted that Davis, who was from Washington, particularly disliked Lancaster, and that Lancaster, rather than being the aggressor in the May 14 incident, was the victim of an unprovoked attack by Davis: Davis attacked Lancaster with a shank, stabbing him in the eye and neck. Vanlierop stated that the prisoner to whom he was handcuffed began pulling him toward Lancaster and Davis “because I think they was [sic] trying to jump me and [Lancaster] being that [Davis] didn’t like Bert Lancaster and being that we are both from New York.” (J.A. at 185.) Attempting to help Lancaster, Vanlierop seized Corporal Staggs’s keys, un-handcuffed himself, and ran over to Lancas*738ter and Davis.2 According to Vanlierop, Lancaster wrested the shank away from Davis and began to stab Davis. Seeing Lieutenant Teixeira and other correctional officers approaching, Vanlierop grabbed the shank from Lancaster in order to protect himself and Lancaster from the other inmates. Vanlierop denied threatening Corporal Staggs. Lancaster did not testify, and the defense did not present any evidence other than Vanlierop’s testimony.

The jury convicted Appellants of assault by striking, beating, or wounding; assault resulting in serious bodily injury; and prisoner possession of a shank. In addition, the jury convicted Vanlierop of simple assault on a correctional officer. At sentencing, the district court dismissed the convictions for assault by striking, beating, or wounding on the basis that these convictions were subsumed within the convictions for assault resulting in serious bodily injury. The district court then sentenced Lancaster and Vanlierop to 100 months imprisonment and to 115 months imprisonment, respectively. Appellants now challenge the validity of their convictions on several grounds, which we address seriatim.

II.

During voir dire, the district court refused Appellants’s request to pose the following question to the members of the venire: “Do any of you believe that a guard at Lorton, a police officer or a member of the F.B.I. is more worthy of belief than any other citizen of our community?” (J.A. at 24.) Appellants maintain that because the trial amounted to a “swearing contest” between Vanlierop and Corporal Staggs on the issue — critical to the defense theory that Lancaster acted in self-defense and Vanlierop merely assisted Lancaster — of whether Lancaster attacked Davis or vice-versa, knowledge of bias in favor of the testimony of law enforcement officers was vital to the intelligent exercise of challenges to the venire. Relying on Evans, Appellants assert that the district court’s refusal to ask the proposed question mandates reversal of their convictions.

In considering Appellants’s contention, we first survey the principles governing our review of challenges to the sufficiency of voir dire. With these principles in mind, we next turn to an examination of Evans, determine that it does not comport with these principles, and therefore overrule it. Finally, we review the voir dire conducted by the district court to determine whether it was sufficient to assure that Appellants were tried by an impartial jury.

A.

Voir dire plays an essential role in guaranteeing a criminal defendant’s Sixth Amendment right to an impartial jury. See Rosales-Lopez v. United States, 451 U.S. 182, 188, 101 S.Ct. 1629, 68 L.Ed.2d 22 (1981) (plurality opinion); King v. Jones, 824 F.2d 324, 326 (4th Cir.1987). Voir dire “enabl[es] the court to select an impartial jury and assistfs] counsel in exercising peremptory challenges.” Mu’Min v. Virginia, 500 U.S. 415, 431, 111 S.Ct. 1899, 1908, 114 L.Ed.2d 493 (1991); see also Rosales-Lopez, 451 U.S. at 188, 101 S.Ct. at 1634 (observing that voir dire is the means by which prospective jurors who are unwilling or unable to apply the law impartially may be disqualified from jury service); Scott v. Lawrence, 36 F.3d 871, 874 (9th Cir.1994) (noting that “[t]he principal purpose of voir dire is to probe each prospective juror’s state of mind to enable the trial judge to determine actual bias and to allow counsel to assess suspected bias or prejudice”).

The conduct of voir dire necessarily is committed to the sound discretion of the trial court “because the ‘determination of impartiality, in which demeanor plays such an important part, is particularly within the province of the trial judge.’ ” Ristaino v. Ross, 424 U.S. 589, 594-95, 96 S.Ct. 1017, 1020, 47 L.Ed.2d 258 (1976) (quoting Rideau v. Louisiana, 373 U.S. 723, 733, 83 S.Ct. 1417, 1422, 10 L.Ed.2d 663 (1963) (Clark, J., dissenting)); see also Morgan v. Illinois, 504 U.S. 719, 729, 112 S.Ct. 2222, 2230, 119 L.Ed.2d 492 (1992). As the Court noted in Rosales-Lopez,

*739Despite its importance, the adequacy of voir dire is not easily subject to appellate review. The trial judge’s function at this point in the trial is not unlike that of the jurors later on in the trial. Both must reach conclusions as to impartiality and credibility by relying on their own evaluations of demeanor evidence and of responses to questions. In neither instance can an appellate court easily second-guess the conclusions of the decisionmaker who heard and observed the witnesses.

Rosales-Lopez, 451 U.S. at 188, 101 S.Ct. at 1634; see also United States v. Nash, 910 F.2d 749, 753 (11th Cir.1990) (noting that “[bjecause of its immediate contact with the voir dire proceeding, the district court is in a far superior position to evaluate particular voir dire questions than is the court of appeals, which can only rely on the cold record in conducting its review”). Accordingly, the Supreme Court has declined to dictate the subject matter of voir dire questions in all but the most limited of circumstances. See Morgan, 504 U.S. at 733-34, 112 S.Ct. at 2232-33 (holding that the Constitution requires that voir dire in a capital case include questions regarding whether prospective jurors would automatically vote to impose the death penalty in the event of a conviction, just as it must include questions regarding whether prospective jurors would automatically vote against imposing the death penally); Rosales-Lopez, 451 U.S. at 189, 101 S.Ct. at 1634 (holding that the Constitution requires inquiry into racial or ethnic prejudice on voir dire when “racial issues [are] ‘inextricably bound up with the conduct of the trial’”) (quoting Ristaino, 424 U.S. at 597, 96 S.Ct. at 1022); Ristaino, 424 U.S. at 597 n. 9, 96 S.Ct. at 1022 n. 9 (noting that, while the circumstances of the case did not give rise to a constitutionally mandated inquiry into racial prejudice, had the prosecution taken place in federal court, the Court would have required proposed questions to be asked under its supervisory power over the lower federal courts). The Court generally has refrained from dictating the form of voir dire questions. See Mu’Min, 500 U.S. at 431, 111 S.Ct. at 1908 (noting Court’s reluctance “to specify the particulars by which” the topic of racial bias is covered during voir dire).

Part and parcel of deference to the trial court’s conduct of voir dire is a reluctance to second-guess the court’s decision to refuse inquiry into certain matters. As the Ristaino Court explained, a criminal defendant is “not always entitle[d] ... to have questions posed during voir dire specifically directed to matters that conceivably might prejudice veniremen against him.... [T]he ... obligation to the defendant to impanel an impartial jury generally can be satisfied by less than an inquiry into a specific prejudice feared by the defendant.” Ristaino, 424 U.S. at 594-95, 96 S.Ct. at 1020-21 (citations and footnote omitted). For example, in Ham v. South Carolina, 409 U.S. 524, 93 S.Ct. 848, 35 L.Ed.2d 46 (1973), the Court upheld a state trial court’s refusal to ask the members of the venire whether they were prejudiced against persons who wore beards. The Court acknowledged that the venire may very well have included persons who harbored such a prejudice, but rejected Ham’s assertion that this possibility was sufficient to compel asking the question as a matter of constitutional law “[g]iven the traditionally broad discretion accorded to the trial judge in conducting voir dire and our inability to constitutionally distinguish possible prejudice against beards from a host of other possible similar prejudices.” Id. at 528, 93 S.Ct. at 851 (citation omitted); see also Hamling v. United States, 418 U.S. 87, 139, 94 S.Ct. 2887, 2918, 41 L.Ed.2d 590 (1974) (affirming, based on Ham, the district court’s refusal to inquire whether veniremembers’s “educational, political, and religious beliefs might affect their views on the question of obscenity”).

In the context of cases like this one, in which the proposed voir dire question does not address issues of racial or ethnic prejudice,3 circuit courts of appeals have held that the district court need not pursue a specific line of questioning on voir dire, provided the voir dire as a whole is reasonably sufficient *740to uncover bias or partiality in the venire. See, e.g., United States v. Quiroz-Hernandez, 48 F.3d 858, 868 (5th Cir.1995); Waldorf v. Shuta, 3 F.3d 705, 710 (3d Cir.1993);4 United States v. Daniels, 986 F.2d 451, 454 (11th Cir.1993). A district court abuses its discretion, however, if the voir dire does not provide “ ‘a reasonable assurance that prejudice would be discovered if present.’ ” United States v. Flores, 63 F.3d 1342, 1353 (5th Cir.1995) (quoting Quiroz-Hernandez, 48 F.3d at 868), cert. denied, - U.S. -, 117 S.Ct. 87, — L.Ed.2d - (1996).

The dissent contends that the statement that “circuit courts of appeals have held that district courts need not pursue a specific line of questioning on voir dire, provided the voir dire as a whole is reasonably sufficient to uncover bias or partiality in the venire” is “hardly an accurate characterization of all the other circuit courts’ rulings on the issue before us.” Infra at 747 (emphasis supplied). True enough. At the most the dissent has identified a division among the circuits on this issue, in which our holding today merely aligns us with the circuits rejecting the rule that in certain factual situations every refusal specifically to ask prospective jurors whether they would be biased in favor of law enforcement witnesses constitutes error.

B.

In Evans, we concluded that the district court erred in refusing to ask prospective jurors whether there was “anyone who would give special credence and weight to the word of a law enforcement officer simply because of the fact that he occupies that position[.]” Evans, 917 F.2d at 806. Noting that a critical factual issue in the case was to be decided based only on the testimony of an agent of the Drug Enforcement Agency (DEA) versus the testimony of the defendants, we reasoned that ferreting out bias in favor of law enforcement testimony was essential because “[i]f a juror was prepared to find [the Government’s witness] believable simply because of his position as a DEA agent, the defendants did not receive a fair trial.” Id. Accordingly, we held that when the Government’s case depends wholly on the testimony of law enforcement agents, the refusal of defense counsel’s request to inquire whether members of the venire would be biased in favor of testimony from a law enforcement agent based solely on his position is, without more, an abuse of discretion. See Adams v. Aiken, 965 F.2d 1306, 1317 (4th Cir.1992) (so construing Evans), vacated on other grounds, - U.S. -, 114 S.Ct. 1365, 128 L.Ed.2d 42 (1994). In reaching this conclusion, we relied on United States v. Baldwin, 607 F.2d 1295 (9th Cir.1979), and Brown v. United States, 338 F.2d 543 (D.C.Cir.1964). Both of these cases concluded that the refusal to ask a voir dire question regarding the veniremembers’s attitudes toward law enforcement testimony was, without more, an abuse of discretion. These cases also concluded, as we did in Evans, that the error committed by the district court could be found harmless under certain circumstances. In fact, Evans adopted the factors set forth in Baldwin for determining whether the error is harmless:

“that question hinges upon such factors as the importance of the government agent’s testimony to the case as a whole; the extent to which the question concerning the venireperson’s attitude toward government agents is covered in other questions on voir dire and on the charge to the jury; the extent to which the credibility of the government agent-witness is put into issue; and the extent to which the testimony of the government agent is corroborated by non-agent witnesses.”

Evans, 917 F.2d at 808 (quoting Baldwin, 607 F.2d at 1298).

To state, as Evans does, that in certain factual situations every refusal to ask prospective jurors whether they would be biased in favor of law enforcement witnesses constitutes error (which must then be reviewed at some length to determine whether it is harmless) is to establish a per se rule *741that is simply inconsistent with the broad deference traditionally and wisely granted trial courts in their conduct of voir dire, Moreover, when the establishment of a per se rule is cloaked in the language of discretionary review — as in Evans, Baldwin, and Brown — trial courts are left with little guidance as to when their ability to conduct voir dire as they see fit has been curtailed.

The dissent characterizes this per se rule as “a narrow exception,” infra at 749, to the general rule that discretion be accorded to district courts in the handling of voir dire. The dissent further argues that “[a]ll exceptions are ‘simply inconsistent’ with the general rules to which they correspond,” and that such inconsistency does not constitute a “substantive reason” for closing the exception, especially where the exception exists to ensure that persons receive a fair trial by an impartial jury. Id. According to the dissent, our overruling of Evans today “ignore[s] the sensitive balancing of interests that constitutional decision-making almost inevitably requires.” Id.

We disagree. In overruling Evans, we have confronted directly the “sensitive balancing of interests” that constitutional decision-making requires, and found that the balance weighs in favor of restoring discretion in the handling of voir dire to the trial judge — where it rightfully belongs. Indeed, in contrast to the dissent’s assertion, we do not hold a “disturbingly low view of the district courts.” Infra at 750. Like the dissent, we believe that district courts “daily make many more complicated judgments and calculations and undoubtedly possess the unexceptional powers of discernment necessary to” ensure that a defendant receives a fair trial by an impartial jury. Id.

Evans is also problematic in that it establishes a rule with virtually unlimited application. Evans requires a district court to inquire into bias in favor of law enforcement testimony whenever the Government’s case depends “completely” on such testimony. Adams, 965 F.2d at 1317. The problem with this rule — aside from the inherent difficulty of how “complete” dependence is to be defined — is that it admits of no limiting principle. If the district court must, on pain of reversal, ask the venire whether they would give heightened credibility to the testimony of a police officer when the Government’s case depends on law enforcement testimony, logic compels that a similar question be asked whenever the Government’s case depends on the testimony of any identifiable class of witnesses that might conceivably be thought by jurors to be inherently credible, be they firefighters, priests, physicians, attorneys, butchers, bakers, or candlestick makers. Indeed, during oral argument counsel was unable to offer a persuasive reason why this should not be the case.5

*742Thus, given our determination that the Evans per se rule of error offends the deference traditionally accorded the trial court’s conduct of voir dire and is virtually unlimited in its application, we hereby overrule Evans and subsequent cases extending its holding.6 We think the proper method of resolving the question of whether the district court abused its discretion in refusing to ask prospective jurors whether they would be biased in favor of law enforcement testimony is to examine the voir dire as a whole to determine whether it was reasonably sufficient to probe the prospective jurors for bias and partiality. See Flores, 63 F.3d at 1353 (noting that role of appellate court “is not to decide what voir dire procedure is best, but to determine whether the procedure chosen by the district court is sufficient”); Nash, 910 F.2d at 756 (holding that refusal to ask voir dire question regarding whether prospective jurors would give heightened credibility to law enforcement testimony did not constitute an abuse of discretion, even though the Government’s case “depended heavily” on such testimony). Such a rule is consistent with the necessity of deferring to the district court’s conduct of voir dire and with cases concluding that a trial court’s refusal to ask voir dire questions related to bias for or against certain groups is not an abuse of discretion. See Hamling, 418 U.S. at 139, 94 S.Ct. at 2918; Ham, 409 U.S. at 528, 93 S.Ct. at 850; United States v. Hirschberg, 988 F.2d 1509, 1514-15 (7th Cir.) (finding no abuse of discretion in refusing to ask veniremembers about bias against the wealthy), cert. denied, 510 U.S. 918, 114 S.Ct. 311, 126 L.Ed.2d 258 (1993).

In overruling Evans, we do not mean to imply that the district court is precluded from asking members of the venire whether they would be inclined to credit law enforcement testimony over that of other witnesses. In some circumstances, the district court may find that such an inquiry is the most efficient means of assuring the defendant’s right to an impartial jury. What we reject is Evans’s holding that the most efficient way to accomplish the goal of an impartial jury is also the only way. There are many means by which an impartial jury may be impaneled, and we decline to straightjacket the district court’s discretion.7

C.

We now turn to the question of whether the voir dire conducted by the district court was reasonably sufficient to probe the prospective jurors for bias and partiality. As discussed below, we conclude that the voir dire was, in fact, sufficient and that the district court did not abuse its discretion in refusing to ask Appellants’s proposed question.

The district court in this ease conducted an extensive voir dire. In particular, the court carefully probed the members of the venire regarding any possible bias in favor of law enforcement officials resulting from a relationship with a relative or friend in law enforcement, asking repeatedly whether such an association would make it difficult for the veniremember to render an impartial verdict. (See, e.g., J.A. at 40 (“Do you think that the fact that you have so many family members in law enforcement would make it difficult for you to be impartial in this case?”; ‘Would [your employment with the Bureau of Alcohol, Tobacco, and Firearms] make it difficult for you to be impartial in this case?”); J.A. at 41 (“[W]ould you feel that you would be somewhat predisposed towards favoring the prosecution?”; “[W]ould [your employment as a parole officer] make it difficult for you to *743be completely impartial in this ease?”); J.A. at 42 (“Do you feel that those relationships would make it difficult for you to be impartial in this case? ... I notice a little hesitation. Do you sort of think that you might be tilted in favor of law-enforcement witnesses in this ease?”).) In the face of such extensive questioning, we find it difficult to imagine that any potential juror could fail to recognize that bias in favor of law enforcement officials was inappropriate. See United States v. Lawrence, 952 F.2d 1034, 1037 (8th Cir.) (holding that refusal to ask potential jurors about credibility of police officers as witnesses was not error when the district court questioned veniremembers about relationships with individuals in law enforcement), cert. denied, 503 U.S. 1011, 112 S.Ct. 1777, 118 L.Ed.2d 434 (1992); Nash, 910 F.2d at 756 (holding that district court did not abuse its discretion in refusing to ask voir dire question about credibility of law enforcement testimony because the voir dire and jury charge covered the same subject matter); United States v. Espinosa, 771 F.2d 1382, 1405 (10th Cir.) (concluding that district court’s failure to ask veniremembers whether they would credit a law enforcement officer’s testimony solely because of his position as a law enforcement officer did not require reversal because the court questioned potential jurors at length regarding possible bias arising from relationships with law enforcement officials and instructed jurors to consider testimony ‘“without prejudice or sympathy1 ”), cert. denied, 474 U.S. 1023, 106 S.Ct. 579, 88 L.Ed.2d 561 (1985). Also, counsel and the court had the opportunity to observe the demeanor of all veniremembers during these exchanges, thus providing them with ample information on which to base their challenges, both peremptory and for cause.

Moreover, the transcript reveals that the district court made every effort to conduct a voir dire proceeding during which potential jurors would forthrightly express their concerns about their ability to be impartial. Before voir dire, the district court instructed the veniremembers that:

it’s very important that as a juror you not come into the courtroom with ... any preconceived ideas, prejudices, biases, or anything like that.... In other words, the purpose of voir dire is to try to get as impartial a jury as possible.... [I]f you have any doubt about the answer to [a] question, if there is any possibility that your answer would be yes, raise your hand; and I would rather have you give me too much information than too little.

(J.A at 30-31.) And, as noted in the previous paragraph, throughout the course of voir dire the district court probed potential jurors carefully regarding their answers to voir dire questions, being particularly alert to signs of hesitation. Under these circumstances, the district court’s final voir dire question — “Ladies and Gentlemen, do you know of any reason, is there anything at all any of you know of that would make it difficult for you to sit as an impartial juror in this case?” (J.A. at 51 (emphasis added)) — could not have failed to elicit an affirmative response from any member of the venire harboring a bias in favor of law enforcement officials. See Flores, 63 F.3d at 1353 (finding voir dire sufficient in light of court’s success “in obtaining a free flow of information from the venire”).

We note also that the district court asked the members of the venire whether they would be prejudiced against Appellants because of their status as inmates. While such a question obviously is not the same as a question regarding whether veniremembers would give the testimony of police officers more credibility solely because of their position, it had the same impact on the jury. In effect, the district court’s questions conveyed to the veniremembers that Appellants’s testimony should be given the same consideration as that of any other witness. Where, as here, the only “other witnesses” were law enforcement officers, the undeniable effect of probing for bias against Appellants was to negate the possibility that members of the jury would give greater credibility to the testimony of law enforcement officers solely because of their status. Accordingly, although it did so indirectly (and perhaps even unwittingly), the district court adequately assured that the testimony of the officers was not given heightened credibility solely because of their status as police officers.

*744Our review of the voir dire conducted by the district court satisfies us that it was reasonably sufficient to ferret out any bias and allowing the impaneling of an impartial jury. Thus, the district court’s refusal to ask the question proposed by Appellants was not an abuse of discretion.

III.

Appellants next contend that the district court erred in granting the Government’s motion in limine to exclude evidence regarding an assault on Appellant Lancaster that occurred three days after the May 14 incident. Appellants assert that this evidence was relevant to their claim of self-defense. Decisions regarding the admission or exclusion of evidence are committed to the sound discretion of the district court and will not be reversed absent an abuse of that discretion. United States v. Bostian, 59 F.3d 474, 480 (4th Cir.), cert. denied, - U.S. -, 116 S.Ct. 929, 133 L.Ed.2d 857 (1996).

On May 17, 1994, Lancaster was assaulted by Davis’s cousin, another inmate. Appellants sought to introduce evidence of the May 17 assault at trial, arguing that the evidence was relevant to prove that Appellants acted in self-defense during the May 14 incident. According to Appellants’s theory, the May 17 attack occurred because the first attempt on Lancaster’s life had failed.8 Appellants argue that the district court’s exclusion of this evidence violated their Sixth Amendment right to compulsory process.

Appellants’s compulsory process argument is unavailing. While Appellants are correct that they have a “fundamental constitutional right to a fair opportunity to present a defense,” Crane v. Kentucky, 476 U.S. 683, 687, 106 S.Ct. 2142, 2144, 90 L.Ed.2d 636 (1986), they have cited no authority for the novel proposition that the right to present a defense encompasses the right to present any evidence the defense wishes, regardless of its admissibility under the Federal Rules of Evidence. Here, the district court determined that evidence related to the May 17 attack on Lancaster was irrelevant and therefore inadmissible. See Fed.R.Evid. 402. This ruling was not an abuse of discretion because evidence regarding the May 17 attack did not tend to make the existence of any fact of consequence more or less probable. See Fed.R.Evid. 401. There is no evidence that Davis was present during, or associated with, the May 17 attack except for the fact that Lancaster’s assailant was Davis’s cousin. And, the facts relating to the May 17 attack do not serve to illuminate the circumstances surrounding the May 14 incident, Appellants’s assertion to the contrary notwithstanding. Accordingly, we conclude that the district court did not abuse its discretion in excluding evidence of the May 17 attack.

IV.

Finally, Appellants claim that the district court improperly limited cross-examination of Lieutenant Teixeira with respect to his knowledge of the contents of Corporal Staggs’s personnel file. Appellants assert that they were entitled to ask Lieutenant Teixeira about each disciplinary report concerning Corporal Staggs in order to show that Lieutenant Teixeira formed his opinion regarding Corporal Staggs’s competency without sufficient knowledge of Corporal Staggs’s disciplinary record. In response, the Government maintains that the district court, after allowing Appellants to inquire about Lieutenant Teixeira’s knowledge of several instances of misconduct by Corporal Staggs, properly forestalled further inquiry as unnecessarily cumulative. See Fed.R.Evid. 403.

We conclude that the district court did not abuse its substantial discretion in determining that further cross-examination of Lieutenant Teixeira regarding his knowledge of the contents of Corporal Staggs’s personnel file would be unnecessarily cumulative. See United States v. Moore, 27 F.3d 969, 974 (4th Cir.) (“A district court’s evidentiary rulings are entitled to substantial deference and will not be reversed absent a clear abuse of discretion.”), cert. denied, - U.S. -, 115 S.Ct. 459, 130 L.Ed.2d 367 (1994). Appel*745lants inquired three times whether knowledge of a specific incident would change Lieutenant Teixeira’s opinion of Corporal Staggs’s competency; each time Lieutenant Teixeira responded that such knowledge would not alter his opinion. Moreover, the jury already had been made aware of the full contents of Corporal Staggs’s personnel file during the earlier cross-examination of Corporal Staggs. In light of these circumstances, we cannot say that the district court’s decision to limit the cross-examination of Lieutenant Teixeira was arbitrary or irrational. See id. (noting that abuse of discretion in excluding evidence will be found only when district court acted arbitrarily or irrationally).

V.

Having concluded that the voir dire conducted by the district court was sufficient to uncover bias or partiality by the members of the venire and that Appellants’s remaining assertions of error are without merit, we affirm their convictions.

AFFIRMED.

. Vanlierop and Lancaster were not in the same pair. The record is unclear as to whether Davis was in the group of ten inmates with Corporal Staggs, or was already in the prison yard.

. If Vanlierop’s testimony is to be believed, one is left to wonder why he chose to remove the handcuff from his partner’s wrist, rather than from his own wrist.

. Cf. United States v. Barber, 80 F.3d 964 (4th Cir.1996) (en banc) (discussing when a district court is required to inquire into racial and ethnic prejudice during voir dire), cert. denied, - U.S. -, 117 S.Ct. 198, — L.Ed.2d - (1996).

. Although Waldorf is a civil case, we find its reasoning equally applicable in the criminal context.

. We agree with the dissent that "the issue turns upon the extent to which the public believes that the word of a member of the given occupation is, as a general matter, to be trusted.” Infra at 751 n. 3 (citing Brown v. United States, 338 F.2d 543, 545 (D.C.Cir.1964)). However, we disagree that "there are surely no more than a handful of occupations” that the public has come to believe are more trustworthy. Surveys measuring public opinion have identified an abundance of occupations that the public believes to be trustworthy. See, e.g., You're On the Top Once Again, Drug Topics, Feb. 19, 1996, at 32 (identifying pharmacists as the most trusted occupation); Carolos Sanchez, Teachers, medicine cited as most trusted groups, professions, Ft. Worth Star-Telegram, August 20, 1995, at 25 (elementary school teachers and medical professionals); Brady Prauser, Who Do You Trust? Survey Measures Ethics, Ariz. Repub., July 5, 1994, at B1 (clergy). Indeed, in some contexts, even persons holding the "occupation” of criminal defendant may be considered more credible witnesses than law enforcement officers. See, e.g., United States v. Bayless, 913 F.Supp. 232, 242 & n. 18 (S.D.N.Y.) (noting that "residents in this neighborhood tended to regard police officers as corrupt, abusive and violent” and citing evidence that area police officers "committed perjury or made false statements in connection with various arrests and the prosecution of both federal and state crimes”), decision vacated on reconsideration, 921 F.Supp. 211 (1996); see also United States v. Lancaster, 78 F.3d 888, 897 (4th Cir.1996) (Lut-tig, J., concurring) (suggesting that if Evans is not overruled the court should require that “trial courts also ask each member of the venire whether he would ‘give special credence and weight to the word of [the criminal defendant] simply because of the fact that he [is the criminal defendant],’ and excuse for cause anyone who answers affirmatively, as Evans requires that we excuse those who say that they would give more weight to officers of the law than to criminal defendants”) (citations omitted).

. See Rainey v. Conerly, 973 F.2d 321, 325 n. 2 (4th Cir.1992) (extending Evans to civil proceedings).

. The dissent reiterates this Circuit’s rale that "one panel is bound to adhere to the published decisions of prior panels of this court,” infra at 753 (citing cases), and "express[es] ... dismay at the manner in which we have found our way to the point at which the en banc court may overrule Evans." Id. But whatever the dissent's objections, we are now so convened to analyze the soundness of Evans and its progeny, and take this opportunity to do so. The dissent does not dispute that as an en banc court we may overrule circuit precedent. Infra at 753-54; see also Shoup v. Bell & Howell Co., 872 F.2d 1178, 1184 n. 8 (4th Cir.1989) (Mumaghan, J., dissenting) (noting that "our own court sitting en banc can” overrule circuit precedent); United States v. Whitley, 759 F.2d 327, 334 (4th Cir.1985) (Murnaghan, J., dissenting) (same).

. In our view, a different inference — that the May 17 attack on Lancaster constituted retaliation for Lancaster's attack on Davis on May 14— is equally reasonable.

. In Rainey v. Conerly, 973 F.2d 321 (4th Cir.1992), we extended the Evans rule to civil cases. While I am persuaded that Rainey was correctly decided, I shall focus here primarily upon the Evans rule as it is applied in the context of criminal proceedings.