DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
034035P.pdf 07/28/2005 USA v. Rafael Beltran-Arce
U.S. Court of Appeals Case No: 03-4035
District of Nebraska
[PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit
Judges]
Criminal case - criminal law. District court did not err in permitting
police officer to provide expert testimony regarding drug conspiracies in
the Omaha area and typical drug record-keeping procedures as the
officer's experience and training qualified him as an expert, and his
testimony was relevant and probative; defendant had adequate notice of
the expert witness's qualifications and the nature and scope of his
testimony; applying Pirani's plain error analysis, defendant was entitled
to Booker relief as the record was adequate to demonstrate a reasonable
probability that the district court would have imposed a lesser sentence
under an advisory guidelines scheme.