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United States of America v. Charles C. Christian

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ARGUED JANUARY 12, 2012

Before EASTERBROOK, Chief Judge, and ROVNER and TINDER, Circuit Judges.

After a two-day jury trial, defendant Charles C. Christian was found guilty of felon in possession of a firearm, 18 U.S.C. § 922(g)(1), user in possession of a firearm, § 922(g)(3), and possession of marijuana and cocaine base, 21 U.S.C. § 844(a). The defendant appeals only his conviction on the gun counts. He argues that the trial court committed reversible error by permitting FBI Special Agent Nicholas Manns and Illinois State Police Trooper Matt Renner, officers who apprehended the defendant for the charged conduct, to testify as both expert and fact witnesses without taking precautions to separate and distinguish for the jury the dual nature of their testimony. We have previously explained that dual role testimony can be confusing to a jury but is permissible provided the district court take proper precautions to minimize potential prejudice. Because Trooper Renner’s challenged testimony did not rise to the level of expert opinion, we find no duality concerns with his examination. Not so with Agent Manns; he testified in a dual capacity, giving rise to the concern that his expert testimony improperly bolstered his fact testimony.

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