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U.S. v. McCALEB

No. 06-50387.

552 F.3d 1053 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin McCALEB, aka Marvin Darryl McCaleb; Marvin Darell McCaleb; Marvin Darrell McCaleb; Dary McCaleb; Marvin McCaleb; Marvin Darryl McCabb; Morgan; Sammy Jackson, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 13, 2009.

Attorney(s) appearing for the Case

Verna Jean Wefald, Pasadena, CA, for the appellant.

Thomas P. O'Brien, United States Attorney, Christine C. Ewell, Assistant United States Attorney, and Janet C. Hudson, Assistant United States Attorney, Los Angeles, CA, for the appellee.

Before: MYRON H. BRIGHT, STEPHEN S. TROTT and HAWKINS, Circuit Judges.

BRIGHT, Circuit Judge:

Appellant Marvin McCaleb challenges his drug-related convictions and sentence to life imprisonment, asserting that the district court (1) improperly instructed the jury, (2) abused its discretion by admitting certain expert-witness testimony, and (3) relied on unproven prior convictions. Because the district court did not (1) plainly err in its jury instructions, (2) abuse its discretion by admitting certain expert-witness testimony, or (3)...

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