United States v. Bruce Watson AKA George Flamer, Bruce Watson

260 F.3d 301, 57 Fed. R. Serv. 101, 2001 U.S. App. LEXIS 17961, 2001 WL 896774
CourtCourt of Appeals for the Third Circuit
DecidedAugust 9, 2001
Docket00-2826
StatusPublished
Cited by76 cases

This text of 260 F.3d 301 (United States v. Bruce Watson AKA George Flamer, Bruce Watson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Bruce Watson AKA George Flamer, Bruce Watson, 260 F.3d 301, 57 Fed. R. Serv. 101, 2001 U.S. App. LEXIS 17961, 2001 WL 896774 (3d Cir. 2001).

Opinion

OPINION OF THE COURT

BRIGHT, Circuit Judge.

Bruce Watson (“Watson”) appeals his judgment of conviction and sentence for distribution and possession with intent to distribute cocaine base (also known as crack cocaine or crack) in violation of 21 U.S.C. § 841(a)(1). He was convicted and sentenced to 210 months imprisonment, three years of supervised release, and a $100 special assessment. Watson argues that the District Court should not have permitted narcotics agents to testify about general drug culture practices on substantive and foundational grounds in violation of Fed. R. Evid. 702, and that the District *305 Court erred in allowing expert testimony concerning his mental state under Fed. R. Evid. 704(b). We reject Watson’s first argument. However, we reverse the judgment of conviction and remand the case to th.e District Court because the Government’s experts improperly testified that Watson’s mental state was to distribute the cocaine base rather than' to use the narcotics personally.

I. BACKGROUND

In 1998, Pennsylvania law enforcement officers received information that Watson was traveling on a Susquehanna Trailways bus to Williamsport, Pennsylvania to purchase drugs. Law enforcement officers Ronald Paret and Kirk F. Schwartz met the bus in Lehighton, boarded the bus, publicly announced that they were law enforcement officers conducting a drug investigation, and that passenger cooperation would be appreciated but was not required.

Watson was sitting by himself. The officers asked him some routine questions, Watson denied having a ticket, and he denied having identification. Watson picked up a bag lying on the seat next to him, began removing items from the bag, and a marijuana cigarette fell out. Watson admitted possession, a brief scuffle ensued, and Watson resisted arrest. After the officers restrained Watson they noticed a crumpled piece of paper on the floor next to him. The crumpled paper, which was from the Lycoming County Public Assistance Office in Williamsport, had Watson’s name on it, and it contained crack.

The officers transported Watson to the Pennsylvania State Police barracks in Le-highton. During processing investigators recovered four packages of marijuana and approximately 100 small plastic bags. Watson explained that he took his bus trip to attend a funeral and that the plastic bags were for a friend. Laboratory tests revealed a total of 2.4 grams of crack cocaine and 7.42 grams of marijuana.

During the trial, Officer Schwartz provided testimony concerning the 100 plastic bags found on Watson:

[MR. ROCKTASHEL:] Now, based on your experience and training of purchasing drugs and working as a Narcotics Investigator, have you formed an opinion, as to whether or not the substance contained in Government Exhibit 1 was possess [sic] with the intent to distribute, transfer or deliver or the intent to personally use that drug?
MR. CASEY: Objection. This witness is not competent to testify as to the mental state of the Defendant. That’s the jury’s prerogative, and Federal Rule [of Evidence] 704(b) specifically precludes it.
THE COURT: Overruled.
MR. ROCKTASHEL: You may answer the question, sir.
[MR. SCHWARTZ]: I believe it was possess [sic] with the intent to distribute to somebody else.

(App. at 58.)

Later, Officer Gordon Mincer testified that the crack found on Watson was consistent with someone selling cocaine rather than using it for personal consumption. Mincer also testified about the 100 plastic bags found on Watson. Before Mincer provided his testimony, the District Court overruled Watson’s objection under Fed. R. Evid. 704(b). Mincer provided the following testimony:

[MR. ROCKTASHEL:] Now, you’ve had a chance to look at Government Exhibit 1 and Government Exhibit 7. And I’d ask, having reviewed those, have you formed an opinion, as to whether or not the substance contained in Government Exhibit 1 was possessed with the *306 intent to distribute, transfer or deliver versus the intent to personally consume that substance?
[MR. MINCER:] Yes, sir. Based on my experience, through my undercover investigations, I’ve seen, on numerous occasions, subjects that have amounts of crack cocaine like this, as well as these packaging bags, which they were cutting off and packaging in these bags for resale, which I’ve also purchased.
And that would be consistent with someone who is selling cocaine versus someone who would be using it for their personal use.

(App. at 89-90.)

The Government also called Agent Paret as a rebuttal witness to testify concerning the nature of Watson’s bus travel itinerary. Agent Paret provided the following testimony:

[MR. ROCKTASHEL:] With respect to the particular trip taken here, by Bruce Watson, have you formed an opinion as to whether or not that particular trip was taken for the purpose of distribution, transfer and delivery of drugs, as opposed to procurement of drugs for personal use?
MR. CASEY: Objection. Again, that calls for a reading of the mind of the Defendant, as to the purpose of the trip. Again, the Court has instructed that could be consistent with experiences in the past, but the question, as posed, it goes beyond the competence of the witness.
MR. ROCKTASHEL:. Your Honor, we’re not proposing that he render an opinion, as to the Defendant’s intent, but we’re asking him to testify, with regard to particular circumstances and facts of the trip, the destination point, etc.
THE COURT: I’ll overrule the objection. The testimony will be allowed for that limited purpose.
[MR. PARET:] Generally, a trip of a short nature like that, a 10-plus hour trip to Philadelphia, spending four hours there, on my experience, has been that they’ve gone into the city to purchase drugs to, ultimately, take back and resell at their starting point.

(App. at 160-61.)

II. DISCUSSION

The District Court had jurisdiction under 18 U.S.C. § 3231. We have jurisdiction under 28 U.S.C: § 1291. Watson’s notice of appeal was timely filed.

We review the District Court’s ruling on the admissibility of expert testimony for abuse of discretion. United States v. Bennett, 161 F.3d 171, 182 (3d Cir.1998), cert. denied, 528 U.S. 819, 120 S.Ct. 61, 145 L.Ed.2d 53 (1999).

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Bluebook (online)
260 F.3d 301, 57 Fed. R. Serv. 101, 2001 U.S. App. LEXIS 17961, 2001 WL 896774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bruce-watson-aka-george-flamer-bruce-watson-ca3-2001.