United States v. Hampton, No. 10-3074 (D.C. Cir. 2013)
Annotate this CaseDefendant appealed his conviction, after a retrial, of conspiracy to distribute and to possess with intent to distribute phencyclidine (PCP). On appeal, defendant argued that the district court violated Federal Rule of Evidence 701 when it permitted the FBI's administrative case agent to testify about his understanding of recorded conversations played for the jury. The court concluded that the district court's failure to enforce Rule 701's boundaries on lay-opinion testimony denied the jury the information it needed to assess the FBI agent's interpretations of recorded statements and the errors were not harmless. Accordingly, the court vacated and remanded for further proceedings.
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