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United States v. Ayala-Pizarro

United States Court of Appeals for the First Circuit
407 F.3d 25 (1st Cir. 2005)


Luis Ayala-Pizarro (defendant) was arrested by Officer Mulero outside of a house. The police found 153 aluminum-foil packages of heroin in Ayala’s pocket. At trial, Mulero testified that the house was a known drug point. Mulero explained how drug points worked, and stated that drugs seized at drug points were generally packaged in aluminum foil. Mulero’s testimony was based on his personal experience with the specific house, drug points generally, and heroin distributed at drug points. The defense challenged Mulero’s testimony, arguing that it was expert testimony and that the prosecution had not given the required prior notice of expert testimony. The district court overruled Ayala’s objections and permitted Mulero to testify as a lay witness. Ayala was convicted, and he appealed.

Rule of Law


Holding and Reasoning (Lynch, J.)

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