United States Tenth Circuit

Conviction for possession of a firearm in furtherance of a drug crime is affirmed, where: 1) the use of firearms in the drug trade is a proper subject for expert testimony under Fed. R. Evid. 702; and 2) even if the expert's testimony improperly discussed Defendant's intent, admitting it did not constitute plain error.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

• HARTZ, Circuit Judge., Before HARTZ, HOLLOWAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Keith A. Ward, Keith A. Ward PLLC, Tulsa, OK, for Defendant-Appellant., Leena Alam, Assistant United States Attorney, (David E. O'Meilia, United States Attorney for the Northern District of Oklahoma, with her on the brief), Tulsa, OK, for Plaintiff-Appellee.