United States v. Archuleta, No. 12-2026 (10th Cir. 2013)
Annotate this CaseA jury convicted Defendant Nathan Archuleta of possession of methamphetamine, possession of methamphetamine with intent to distribute, conspiracy to possess methamphetamine with intent to distribute, and being a felon in possession of a firearm. On appeal, defendant argued that the trial court erred in admitting a gang expert’s testimony under the federal Rules of Evidence. Of the three evidentiary rules he cited, only Rule 403 was raised by defendant at trial. As a result, the Tenth Circuit's review of his arguments pertaining to Rule 702 and Rule 704(b) were limited to plain error review. Finding no error as to all three rules, the Tenth Circuit affirmed defendant's conviction.
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