United States v. Garcia

413 F.3d 201 (2005)

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United States v. Garcia

United States Court of Appeals for the Second Circuit
413 F.3d 201 (2005)

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Facts

Yuri Garcia (defendant) was charged with conspiracy to distribute cocaine. Paul Klemick, a narcotics agent, testified at Garcia’s trial. Klemick testified regarding the techniques used to investigate the drug conspiracy, such as wiretaps, surveillance, interviews of informants, and review of law-enforcement databases. Klemick was asked by the prosecution whether, in the course of his investigation, Klemick was able to determine Garcia’s role in the conspiracy. The court rephrased the question to ask Klemick, “As far as you could determine, what did [Garcia] do?” Klemick testified that, based on the agency’s investigation, Garcia was a partner with another drug conspirator in receiving cocaine and helped test the quality of the cocaine. The jury found Garcia guilty. Garcia appealed, arguing that the district court erred in admitting Klemick’s testimony as lay-witness opinion testimony.

Rule of Law

Issue

Holding and Reasoning (Raggi, J.)

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