Nutt

United States v. Nutt

Good Law
13 F. App'x 707
United States Court of Appeals for the Ninth CircuitJuly 17, 2001No. 00-10338; D.C. No. CR-98-0067-EHCCalifornia473 words

Opinion

Lead Opinion

MEMORANDUM **

Donnie Bobby Nutt (“Nutt”) appeals his jury conviction for making false statements in connection with receipt of compensation under the Federal Employees Compensation Act, in violation 18 U.S.C. *708 § 1920 . Nutt claims that the district court abused its discretion in limiting the scope of cross-examination of a government’s witness regarding a Department of Labor reporting form. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Although Federal Rule of Evidence 702 allows expert opinion testimony if it “will assist the trier of fact to understand the evidence or to determine a fact in issue,” “[a] district court does not abuse its discretion when it refuses expert testimony where the subject does not need expert ‘illumination’ and the proponent is otherwise able to elicit testimony about the subject.” United States v. Ortland, 109 F.3d 539, 545 (9th Cir.1997) (citing United States v. Castaneda, 94 F.3d 592, 596 (9th Cir.1996)).

Here, the jury was required to determine whether Nutt knew he had to report his work for Ceramics, Etc., based on the instructions and questions in the forms, and whether by not reporting his work, he knowingly and…

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