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U.S. v. MARTIN

No. 06-5605.

520 F.3d 656 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. David S. MARTIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 31, 2008.

Attorney(s) appearing for the Case

ARGUED: Roger W. Kirk, Cincinnati, Ohio, for Appellant. Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellee. ON BRIEF: Roger W. Kirk, Cincinnati, Ohio, for Appellant. Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: NORRIS, BATCHELDER, and GIBBONS, Circuit Judges.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

The principal issue in this appeal is whether the district court's permitting a police officer to testify as both an expert and a fact witness, without the court's issuing a cautionary instruction to the jury, constitutes reversible error, pursuant to United States v. Lopez-Medina, 461 F.3d 724 (6th Cir.2006). Because we find that it does not, and because the appellant's...

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