United States v. Habibi

783 F.3d 1 (2015)

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United States v. Habibi

United States Court of Appeals for the First Circuit
783 F.3d 1 (2015)

SC

Facts

Habibi (defendant) was charged with possession of a stolen gun. DNA tests on the gun revealed that Habibi’s DNA was not on the gun. At trial, the prosecution (plaintiff) called Federal Bureau of Investigation (FBI) agent Peavey to testify about the DNA. Peavey testified as a lay witness, over Habibi’s objection, that throughout the course of his career he had seen instances of an individual touching an object but a DNA test nevertheless coming back negative. Habibi was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Barron, J.)

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