The Circuit issued no relevant published decisions today and only two short summary orders, one of which (marginally) bears wider interest. In United States v. Mobutu Thornhill, Docket No. 15-2147-cr, the Circuit (Jacobs, Calabresi, Raggi) affirmed Thornhill’s conviction, following a jury trial, for being a felon in possession of a firearm. The sole issue discussed in the summary order is Thornhill’s argument (not made below and thus reviewed here for plain error) that the trial court “improperly allowed a lay witness to offer expert testimony concerning the identification of the weapon[,] in violation of Rule 701 of the Federal Rules of Evidence.” Order at 1.
The challenged testimony was by a lay eyewitness who told the jury that “he saw the defendant with what appeared to him to be a ‘[.]22 long rifle target pistol.’” (NB: The Internet informs that this is a target pistol that uses a …