United States Ninth Circuit

Conviction and sentence of defendants for drug conspiracy and use of a minor to commit a drug trafficking offense is: 1) vacated with respect to the drug quantity findings and defendants’ sentences, where admission of testimony interpreting recorded calls intermingled lay and expert opinion, and the district court failed to explain the distinction to the jury, thus constituting plain error, and because these errors affected drug quantity finding by the jury, the errors affected the defendants’ substantial rights and seriously affected the fairness of the proceedings; and 2) affirmed with respect to the remainder of the jury verdict.

Appellate Information

• Decided 10/22/2014
• Published 10/22/2014

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel