United States v. Leon-Gil
United States v. Leon-Gil
Opinion of the Court
MEMORANDUM
Heriberto Leon-Gil appeals the district court’s decision, over Leon-Gil’s objection, to allow portions of Michael Breslin’s testimony. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
A. Rule 401 Objection
Because the parties are familiar with the facts, we do not recite them here. Breslin’s testimony was relevant because it made it less probable that Leon-Gil was on his way to work the morning he crossed the Mexico-United States border driving a vehicle that did not contain a lunch or work tools.
B. Rule 403 Objection
The probative value of Breslin’s testimony was not outweighed by the danger of unfair prejudice.
Breslin’s testimony was not equivalent to drug courier profile testimony that we
In contrast, Breslin’s testimony neither imputed criminal motives to otherwise innocent activity, nor did it constitute his opinion of what a criminal looks like. It merely recounted his own experience of the tools and necessities commonly carried by field workers passing into the United States, It was clear from the opening statements that Leon-Gil’s defense would be that he was an innocent field worker unaware of the drugs in his vehicle. Under these circumstances, the Government was entitled to introduce evidence to counter this theory. Therefore, the probative value of Breslin’s testimony outweighed any potential for unfair prejudice. Accordingly, Breslin’s testimony was admissible under Rule 403.
C. Breslin Not an Expert Witness
Breslin was a proper lay witness, not an expert witness.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. We review a district court's decision to admit relevant testimony for abuse of discretion. United States v. Bensimon, 172 F.3d 1121, 1130 (9th Cir. 1999).
. Fed.R.Evid 401 (2001) (defining relevant evidence as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence”).
. Fed.R.Evid. 403 (2001) (excluding relevant evidence “if its probative value is substantially outweighed by the danger of unfair prejudice”). We review a district court’s ruling under Rule 403 for abuse of discretion. United States v. LeMay, 260 F.3d 1018, 1024 (9th Cir. 2001).
. Cf. United States v. Alonso, 48 F.3d 1536, 1542 (9th Cir. 1995) (holding that testimony explaining how otherwise innocent behavior is really criminal conduct is not inherently prejudicial).
. See United States v. Simas, 937 F.2d 459, 464 (9th Cir. 1991) (holding that the defendant must show that the evidence was more than damaging to prove it was unfairly prejudicial).
. Reid v. Georgia, 448 U.S. 438, 440, 100 S.Ct. 2752, 65 L.Ed.2d 890 (1980).
. United States v. Beltran-Rios, 878 F.2d 1208, 1210 (9th Cir. 1989) (citation and internal quotation marks omitted).
. Because Leon-Gil did not object to Breslin's testimony on the ground that he was not qualified as an expert, we will reverse only if the district court committed a clear or obvious error that affected substantial rights or was prejudicial. United States v. Sherwood, 98 F.3d 402, 408 (9th Cir. 1996).
. See United States v. Beckman, 298 F.3d 788, 795 (9th Cir. 2002) (holding that a “percipient fact witness,” one testifying to direct evidence and from personal knowledge, is not an expert).
. See Fed R. Evid. 701 (2001), providing:
If the witness is not testifying as an expert, the witness’ testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
. Fed R. Evid. 702 (2001).
Reference
- Full Case Name
- United States v. Heriberto LEON-GIL
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- 1 case
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- Published