United States of America v. Eric E. Garvey

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ARGUED MAY 31, 2012

Before MANION, KANNE, and WILLIAMS, Circuit Judges.

Eric Garvey was convicted of four counts of distributing methamphetamine. The gov- ernment’s evidence at trial included testimony from a crime lab analyst, John Nied, who testified that four plastic bags recovered from controlled buys at Garvey’s apartment contained methamphetamine. Nied was not, however, the same analyst who actually conducted lab tests on the white substance found in the bags–that analyst had left to take another job, and the government did not call him as a witness. Nied was a supervisor at the same lab and had peer reviewed the analyst’s work, so he testified instead. Garvey did not object to Nied’s testimony at trial. On appeal, Garvey argues that allowing Nied to testify about the test results violated his rights under the Confrontation Clause of the Sixth Amendment. Because Garvey cannot demonstrate that any alleged error affected his substantial rights, we affirm his conviction.

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United States of America v. Eric E. Garvey

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