Friday, October 01, 2004

6th Circuit Upholds DEA Agent's Testimony on Intent to Distribute

The Sixth Circuit has published a decision upholding the admissibility of a DEA agent's testimony on indicia that a criminal defendant possessed narcotics with intent to distribute. See United States v. Swafford, No. 03-5468 (6th Cir. Sept. 30, 2004) (Keith, Clay, & Gibbons, JJ.).


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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.