Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Aguilar

United States District Court, D. Arizona

April 5, 2018

United States of America, Plaintiff,
v.
Abelardo Aguilar, Defendant.

          REPORT AND RECOMMENDATION

          Honorable Lynette C. Kmimins United States Magistrate Judge

         Pending before the Court is Defendant's Motion to Preclude Certain Expert Testimony. (Doc. 52.) The government filed a response on January 19, 2018 (Doc. 40), and, on January 29, 2018, Defendant replied (Doc. 60). This matter came before the Court for a hearing and a report and recommendation as a result of a referral, pursuant to LRCrim 57.6. Argument was heard on February 28, 2018[1] (Doc. 67), after which the Court took the matter under advisement. Trial is currently set for June 26, 2018. (Doc. 70.)

         Defendant moves to preclude DEA Special Agent Garbo's Expert Opinions 1, 4, and 5 as detailed in the government's Notice of Expert Witnesses. (Docs. 24, 27.)[2]Having now considered the matter, the Magistrate Judge recommends that the District Court, after its independent review, deny the Defendant's motion to preclude, but limit the government's expert opinions consistent with this Report and Recommendation.

         I. FACTUAL BACKGROUND

         Defendant Abelardo Aguilar is charged with Conspiracy to Possess with Intent to Distribute Methamphetamine, Possession with Intent to Distribute Methamphetamine, Conspiracy to Import Methamphetamine, and Importation of Methamphetamine in violation of 21 U.S.C. Sections 846, 841, 963, 952 and 960. (Doc. 9.) On October 28, 2016, at approximately 12:00 p.m., Defendant Aguilar presented himself for entry into the United States from Mexico as a pedestrian, at the Morley Gate Port of Entry in Nogales, Arizona. A subsequent search of plastic bags he was carrying revealed 1.36 kilograms of methamphetamine hidden in stacks of hollowed-out tortillas. Defendant denied knowledge of the drugs. (Doc. 1.)

         On June 13, 2017, the government filed its Notice of Expert Witnesses. (Doc. 27.)

         Among other things, the government indicated its intent to introduce the following expert testimony from DEA Special Agent Michael Garbo:

Expert Opinion #1: the methamphetamine seized in this case was possessed with the intent to distribute.
SA Garbo's opinion is based on the typical daily consumption of a methamphetamine user contrasted with the large number of doses contained in the methamphetamine seized in this case. SA Garbo is well versed in methamphetamine consumption patterns from his years spent investigating narcotics smuggling and drug trafficking organizations.
Expert Opinion #2: the value of the methamphetamine in Southern Arizona.
This appraisal derives from figures compiled by the Drug Enforcement Administration (DEA).
Expert Opinion #3: methamphetamine is a controlled substance.
SA Garbo's opinion is based on his years of training, education and experience in law enforcement.
Expert Opinion #4: the structure of drug trafficking organizations and the modus operandi of drug trafficking organizations including the methods and tools utilized to cross narcotics through a port of entry as well as how the supply chain usually works. It is anticipated that this testimony will include information about the recruitment and use of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.