United States Ninth Circuit

Conviction of two defendants, Gadson and Wilson, on numerous counts, is affirmed where: 1) the district court did not misinterpret hearsay rules or abuse its discretion in declining to admit out-of-court statements by Gadson's brother; 2) the district court did not abuse its discretion in admitting the government’s dog sniff expert testimony without holding a Daubert hearing; 3) the district court did not plainly err by failing to raise sua ponte the question of the authenticity of the recordings of prison phone calls made by defendants; 4) there is no basis for applying Rule 704(b) on impermissible vouching to a lay witness; 5) a rational jury could have concluded that it was reasonably foreseeable to Gadson that one of his co-conspirators would use a firearm in furtherance of the drug trafficking offenses; and 6) there was no reversible error in calculating the quantity of drugs attributable to Gadson, in applying managerial role enhancement to Gadson, or in denying Wilson a minor role reduction.

Appellate Information

• Decided 08/19/2014
• Published 08/19/2014

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel