United States v. Stanley Taylor, Jr.

Good Law
467 F. App'x 670
United States Court of Appeals for the Ninth CircuitJanuary 30, 201210-10583California461 words

Opinion

Opinion

MEMORANDUM

Stanley Taylor, Jr., appeals from a conviction on one count of Conspiracy to Possess Marijuana with Intent to Distribute in violation of 21 U.S.C. § 846 . We affirm. Because the parties are familiar with the facts and procedural history, we will not recount them here.

Taylor contends that the district court erred in allowing the government’s expert witness to testify when the expert witness did not provide his report until the first day of trial. Federal Rule of Criminal Procedure 16(a)(1)(G) requires that, “[a]t the defendant’s request, the government must give to the defendant a written summary of any testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during its case-in-chief at trial.” Further, “[t]he summary provided ... must describe the witness’s opinions, the bases and reasons for those opinions, and the witness’s qualifications.” Id. Rule 16(a)(1)(F) requires that the defendant be able to inspect any report to be used in the government’s case-in-chief once it becomes available to the government. In this instance, the government did precisely what it was required to do in as timely a fashion as it…

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