Wells

AMENDED 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 reverse and remand for a new trial.

1. The district court did not abuse its discretion, United States v. Rahm, 993 F.2d 1405, 1409-10 (9th Cir.1993), in admitting 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. *757 703; 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 1208 ,1213 n. 3 (9th Cir.1989).

With regard to Detective Carter’s opinion of gang membership, Wells failed to…