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.
164116P.pdf 01/24/2018 United States v. Elizabeth Lopez
U.S. Court of Appeals Case No: 16-4116
U.S. District Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Smith, Author, with Wollman and Gruender, Circuit Judges]
Criminal case - Criminal law. Agent's testimony regarding the amount of
meth a user might consume on a daily basis was based on his experience
interviewing addicts, family members and arrestees, and the testimony was
not hearsay and was admissible under Rule 702; because the testimony was
not hearsay it was not governed by Rule 703; admission of the testimony
did not violate defendant's Sixth Amendment confrontation rights; the
district court did not err in giving an instruction permitting an
inference of intent to distribute based on drug purity; venue as a
jurisdictional fact was an appropriate subject for judicial notice, and
the court did not err in finding the government met its burden of proof on
venue; evidence was sufficient to support defendant's convictions for
conspiracy to distribute methamphetamine and possession of the drug with
intent to distribute.