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By sjtubraz

Commentary

2.

(f) ‘ expert’ means a person qualified or trained or experienced in conducting surveillance or interception who is nominated by the applicant or the Federal Government as an expert for analysis of the intercepted material;

Expert Testimony:

This Court has repeatedly held that in narcotics cases, expert testimony can assist the jury in understanding transactions and  terminology.”  The expert witness’s chart that was admitted into evidence included data from intercepted calls not offered into evidence, but the original tape recordings were made available both to the defendant and the court.  This complied with the requirements of Fed. R. Evid. 1006.  In addition, the district judge cautioned the jury that the chart was simply representative of the expert’s testimony.  U.S. v. Quintana, 70 F.3d 1167 (10th Cir. 1995).

Two DEA agents testified as experts on drug code language.  They  were properly qualified as experts under Federal Rules of Evidence 702. The agents’ lack of fluency in Spanish does not prohibit them from interpreting drug code language obtained from English translations of Spanish conversations. The defendants’ use of simple pronouns during intercepted conversations was a proper subject of expert testimony on drug code language.  U.S. v. Ceballos, 302 F.3d 679 (7th Cir. 2002).

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