United States District Court, D. Arizona
REPORT AND RECOMMENDATION
Honorable Lynette C. Kmimins United States Magistrate Judge
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 (Doc. 67), after which the Court took
the matter under advisement. Trial is currently set for June
26, 2018. (Doc. 70.)
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.)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
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.)
13, 2017, the government filed its Notice of Expert
Witnesses. (Doc. 27.)
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
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 ...