U.S. v. Cheek

In prosecution on drug distribution charges arising out of series of secretly recorded controlled drug buys, Dist. Ct. did not err in admitting testimony of FBI agent, who offered opinions regarding meaning of words and phrases contained in transcripts of recorded conversations, even though defendant argued that agent improperly testified as expert witness under guise of lay witness. Govt. may use law enforcement officer as both expert and lay witness during same trip to witness stand, and instant agent testified only as lay witness, where: (1) he based his opinions on his personal observations and perceptions derived from investigation into instant charged offense; and (2) subject matter of opinions did not require scientific, technical or specialized knowledge. Fact that agent was experienced investigator did not alter nature of his testimony. Dist. Ct. also did not err in allowing jury to view transcripts containing agent’s interpretation of code words and phrases, since Dist. Ct. has discretion to allow jury’s viewing of said transcripts as listening aids, and since defendant failed to identify any inaccuracies of agent’s interpretations contained in transcript.