United States v. Christian, No. 11-3001 (7th Cir. 2012)
Annotate this CaseDefendant was convicted as felon in possession of a firearm, 18 U.S.C. 922(g)(1), a user in possession of a firearm, 922(g)(3), and possession of marijuana and cocaine base, 21 U.S.C. 844(a). The Seventh Circuited affirmed, upholding the court's decision to permit an FBI agent and an Illinois state trooper to testify as both expert and fact witnesses. The trooper's challenged testimony did not rise to the level of expert opinion. The court took precautions with respect to the FBI agent: the government laid a proper foundation; defendant had full opportunity to cross-examine; most of the government's questions eliciting expert testimony signaled to the jury that the agent was relying on his expertise; and the court gave the standard jury instruction for opinion testimony requiring special knowledge or skill, informing the jurors that they could disregard the testimony and give it whatever weight they thought it deserved.
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