Friday, May 14, 2004

10th Circuit Upholds Detective's Testimony on Dealer vs. User Quantities

In an unpublished decision, the Tenth Circuit has upheld a detective's trial testimony that the likelihood that someone caught in possession of narcotics is holding them with intent to distribute, rather than for personal use, may be gauged based on the packaging of the narcotics, the form of the drugs, their quantity, and the presence of paraphernalia, cash, pay/owe sheets, and tools to cut and weigh the drugs. See United States v. Mundy, No. 03-3216 (10th Cir. May 12, 2004) (Kelly, Henry, & Tymkovich, JJ.).

posted by pn at 10:50 PM  

0 Comments:

Post a Comment

<< Home

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.