No. 24-7272

Carlos Barragan Leon v. United States

Lower Court: Ninth Circuit
Docketed: 2025-05-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: daubert-standard evidence-reliability expert-testimony federal-rules-of-evidence kumho-tire translation-methodology
Latest Conference: 2025-06-26
Question Presented (from Petition)

Did the district court's failure to make the required reliability finding pursuant to Federal Rule of Evidence 702 of the methodology and principles underlying the expert translator's testimony of the translation of the text messages from Spanish into English when the words appeared "out of order and scrambled" after the texts were downloaded from WhatsApp violate Daubert v. Merrill, 509 U.S. 579 (1993) and Kumho Tire v. Carmichael, 526 U.S. 127 (1999) when the expert translator "rearranged" the scrambled words in a manner she "thought" Mr. Leon was "thinking", then translated her words into English and testified to the meaning of the words she rearranged?

Question Presented (AI Summary)

Did the district court's failure to make the required reliability finding pursuant to Federal Rule of Evidence 702 of the methodology and principles underlying the expert translator's testimony of the translation of text messages from Spanish into English when the words appeared 'out of order and scrambled' violate Daubert and Kumho Tire standards of expert testimony?

Docket Entries

2025-06-30
Petition DENIED.
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-05
Waiver of United States of right to respond submitted.
2025-06-05
Waiver of right of respondent United States to respond filed.
2025-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 23, 2025)

Attorneys

Carlos Barragan Leon
Karyn Hilde BucurLaw Office of Karyn H. Bucur, Petitioner
United States
D. John SauerSolicitor General, Respondent