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U.S. v. ALATORRE

No. 99-50587.

222 F.3d 1098 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Alberto ALATORRE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2000

Attorney(s) appearing for the Case

Carla V. Gomez, Federal Defenders of San Diego, Inc., San Diego, California, for defendant-appellant Jorge Alberto Alatorre.

Julie F. Puleo (on the brief) and Anne K. Perry (at oral argument), United States Attorney's Office-Criminal Division, San Diego, California, for plaintiff-appellee United States.

Before: TROTT, FERNANDEZ, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

The question in this case is whether the district court must hold a separate hearing before trial, as opposed to making an evidentiary determination during trial, in order to fulfill the "gatekeeping" function outlined in the Supreme Court's trilogy of cases addressing the admissibility of expert testimony: Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993...

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