Wells

United States v. Wells

Good Law
153 F. App'x 417
United States Court of Appeals for the Ninth CircuitOctober 21, 2005No. 04-50296; D.C. No. CR-02-00624-3-MJLCalifornia868 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Eric Shawn Wells appeals his conviction, after a jury trial, for violating 18 U.S.C. § 1959 (a)(5), violent crimes in aid of racketeering, and 18 U.S.C. § 924 (c), use of a firearm during a violent offense. We affirm in part and reverse in part.

1. Wells does not challenge the validity of his conviction for use of a firearm. We therefore affirm that conviction.

2. The district court did not abuse its discretion, United, States v. Rahm, 993 F.2d 1405, 1409-10 (9th Cir.1993), in ad *419 mitting Detective Carter’s expert testimony about Wells’ membership in the West Coast Crips and about his gang moniker. See United States v. Hankey, 203 F.3d 1160, 1169 (9th Cir.2000) (holding that police officers with “years of experience and special knowledge” of gangs may qualify as expert witnesses). An expert may base an opinion on inadmissible evidence, including hearsay, of a kind that experts in the field regularly consult. Fed.R.Evid. 703; Hankey, 203 F.3d at 1169 . Because Detective Carter testified and was available for cross-examination, her reliance on hearsay to form her opinion did not violate the Confrontation Clause. United States v. Beltran-Rios, 878 F.2d…

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