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U.S. v. ARCHULETA

No. 12-2026.

737 F.3d 1287 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Nathan ARCHULETA, a/k/a "Enemy", Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 17, 2013.

Attorney(s) appearing for the Case

Jill M. Wichlens , Assistant Federal Public Defender, ( Warren R. Williamson , Federal Public Defender, Interim, with her on the briefs), Denver, CO, for Defendant-Appellant. Mark D'Antonio , Attorney at Law, Las Cruces, NM, filed the initial brief for the Defendant-Appellant.

David N. Williams , Assistant United States Attorney ( Kenneth J. Gonzales , United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, HOLLOWAY and HOLMES, Circuit Judges.

BRISCOE, Chief Judge.

A jury convicted Defendant Nathan Archuleta of possession of methamphetamine, possession of methamphetamine with intent to distribute, conspiracy to possess methamphetamine with intent to distribute, and being a felon in possession of a firearm. On appeal, Archuleta contends that admission of a gang expert's testimony violated Federal Rules of Evidence 403, 702, and 704(b). Of the three evidentiary rules now cited, only Rule 403 was raised by...

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