United States v. Nelson Campos-Nunez

MEMORANDUM

Nelson Oswaldo Campos-Nunez appeals from his conviction of importation of approximately 123.6 pounds of marijuana in violation of §§ 21 U.S.C. 952, 960. Campos-Nunez contends that the district court erred in 1) permitting auto mechanic Ross Butler to testify as an expert as to the probable effects of the marijuana-filled containers in the tires on the car’s opera-bility; 2) allowing the prosecution to assert in closing arguments that Campos-Nunez had been “recruited” by a “drug organization”; and 3) admitting Officer Hernandez’s demeanor testimony.

1. The district court' abused its discretion in admitting Butler’s expert testimony without making the requisite findings of reliability under Federal Rule of Evidence 702. See Daubert v. Merrell Dow Pharm., 509 U.S. 579, 592 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). The district court’s conclusory statement following voir dire that “[h]e will be accepted by this court as an expert” was devoid of any explicit assessment of the witness’s expertise. While a district court has discretion in how it determines reliability and need not always hold a pretrial hearing, Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147 , 119 S.Ct.…