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Ninth Circuit· 1/13/2009

United States v. McCaleb

Citations

  • 552 F.3d 1053
  • 2009 U.S. App. LEXIS 571
  • 2009 WL 69277

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the Daubert factors are flexible, but using only the Daubert factors in evaluating whether the district court abused its discretion when allowing testimony of a forensic chemist
  • recognizing “such a practice ‘comports with common sense as well as efficiency and fairness’” (quoting Larson v. Neimi, 9 F.3d 1397, 1402 (9th Cir. 1993)
  • recognizing “such a practice ‘comports with common sense as well as efficiency and fairness’”
  • holding trial court did not err in failing to define “manufacture”
  • “[A] district court plainly errs in a conspiracy case if it fails to instruct the jury on an element of the crime that is the object of the conspiracy.” (quotation omitted)
  • “A [trial] court does not commit plain error by failing to define a word when it is a common word which an average juror can understand and which the average juror could have applied to the facts of [the] case without difficulty.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bright, Trott, Hawkins

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. McCaleb

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.