context: Second, Agent Knoll's testimony about the "in furtherance of' element of the alien smuggling statute was permissible under Rule 702(a). Although Agent Knoll's testimony could be read to suggest that any movement away from the border "furthers" an alien's illegal presence in the country, his commentary was neither an incorrect statement of the law nor so likely to cause confusion to justify excluding it under Rule 702(a).
citation_a.signal: see
citation_a.identifier: 162 F.3d 1285, 1289
citation_a.parenthetical: "[A] factfinder may consider any and all relevant evidence bearing on the 'in furtherance of element (time, place, distance, reason for trip, overall impact of trip, defendant's role in organizing and/or carrying out the trip
citation_a.sentence: See United States v. Barajas-Chavez, 162 F.3d 1285, 1289 (10th Cir.1999) (“[A] factfinder may consider any and all relevant evidence bearing on the ‘in furtherance of element (time, place, distance, reason for trip, overall impact of trip, defendant’s role in organizing and/or carrying out the trip).” (emphasis added)); see also United States v. Hernandez, 327 F.3d 1110, 1113-14 (10th Cir.2003) (reversing judgment of acquittal on “in furtherance of’ element where evidence showed defendant drove semi-truck, in which checkpoint officials discovered several undocumented aliens, from the border town of El Paso to the permanent checkpoint north of Las Cruces).
citation_b.signal: see also
citation_b.identifier: 327 F.3d 1110, 1113-14
citation_b.parenthetical: reversing judgment of acquittal on "in furtherance of' element where evidence showed defendant drove semi-truck, in which checkpoint officials discovered several undocumented aliens, from the border town of El Paso to the permanent checkpoint north of Las Cruces
citation_b.sentence: See United States v. Barajas-Chavez, 162 F.3d 1285, 1289 (10th Cir.1999) (“[A] factfinder may consider any and all relevant evidence bearing on the ‘in furtherance of element (time, place, distance, reason for trip, overall impact of trip, defendant’s role in organizing and/or carrying out the trip).” (emphasis added)); see also United States v. Hernandez, 327 F.3d 1110, 1113-14 (10th Cir.2003) (reversing judgment of acquittal on “in furtherance of’ element where evidence showed defendant drove semi-truck, in which checkpoint officials discovered several undocumented aliens, from the border town of El Paso to the permanent checkpoint north of Las Cruces).