Rodriguez-Salazar

United States v. Rodriguez-Salazar

Good Law
130 F. App'x 138
United States Court of Appeals for the Ninth CircuitApril 29, 2005No. 04-10073California476 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-Appellant Francisco Rodriguez-Salazar appeals his convictions for importation of, and possession with the intent to distribute, more than five kilograms of cocaine. Rodriguez-Salazar argues that expert testimony was erroneously permitted and that the district court erred in not allowing his prior consistent statements to be introduced into evidence.

We have jurisdiction, and we AFFIRM.

A

It is well-recognized that under Federal Rule of Evidence 702, the district court has broad discretion in assessing a proffered expert’s qualifications. United States v. Hankey, 203 F.3d 1160, 1168 (9th Cir.2000). We review a district court’s admission of expert testimony for an abuse of discretion. General Electric Co. v. Joiner, 522 U.S. 136, 142, 118 S.Ct. 512 , 139 L.Ed.2d 508 (1997); United States v. Morales, 108 F.3d 1031, 1035 (9th Cir. 1997). Only a clearly erroneous view of either the law or the facts may give rise to an abuse of discretion. Morales, 108 F.3d at 1035 .

The government called Brownell as an expert witness. The witness testified that he worked in the automotive industry in a wide variety of capacities for over thirty years. The expert’s testimony…

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