United States v. Vera

Defendants appealed their convictions and sentences for drug conspiracy and use of a minor to commit a drug trafficking offense. At issue was the testimony of two case agents at defendants' joint trial where one agent testified as a gang expert and the other testified as an expert in drug jargon who translated wiretapped phone calls into drug quantities and amounts. The court affirmed the admission of the gang testimony. In regards to the testimony interpreting the recorded calls, the court concluded that the testimony intermingled lay and expert opinion and the district court plainly erred when it failed to explain the distinction to the jury; the district court also plainly erred where the intermingling resulted in the admission of improper expert and lay opinions; and because such errors affected defendants' substantial rights and seriously affected the fairness of the judicial proceedings, the court vacated the drug quantity findings and defendants' sentences. The court also addressed the appropriate remedy when trial errors affect the jury's drug quantity findings but not the underlying conspiracy convictions. The court need not vacate defendants' conspiracy convictions because drug quantity is not an element of the conspiracy offense. The court also held that, in this case, the Double Jeopardy Clause does not preclude retrial of the drug quantity issue. The court vacated the special verdict only and remanded for further proceedings. View "United States v. Vera" on Justia Law