U.S. v. Benson, 90-1572

Citation957 F.2d 301
Decision Date14 February 1992
Docket NumberNo. 90-1572,90-1572
PartiesUNITED STATES of America, Plaintiff-Appellee, v. William J. BENSON, Defendant-Appellant.
CourtU.S. Court of Appeals — Seventh Circuit

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division; Paul E. Plunkett, Judge.

Ruben Castillo, Joel D. Bertocchi (argued), Asst. U.S. Attys., Crim. Div., Barry R. Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, Ill., for plaintiff-appellee.

Jeffrey A. Dickstein (argued), Missoula, Mont., for defendant-appellant.

Prior report: 7th Cir., 941 F.2d 598.

Before MANION, Circuit Judge.

This matter comes before the court for its consideration of the following documents:

1. "GOVERNMENT'S MOTION FOR CLARIFICATION OF MANDATE" filed herein on 2/5/92, by counsel.

2. "APPELLANT'S OBJECTION TO GOVERNMENT'S MOTION FOR CLARIFICATION OF MANDATE" filed herein on 2/14/92, by counsel.

On consideration thereof,

IT IS ORDERED that the mandate in this appeal issued on 1/22/92 is RECALLED. The court's opinion issued 8/27/91 is amended as follows:

On page 615 the court's disposition now reads "REVERSED" but should read "REVERSED and REMANDED". The clerk of this court will reissue the mandate forthwith. The clerk of the district court shall retain the record.

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    • U.S. District Court — Northern District of Illinois
    • August 16, 2018
    ..."the opinion must be an expert opinion." United States v. Benson , 941 F.2d 598, 604 (7th Cir. 1991), amended on other grounds 957 F.2d 301 (7th Cir. 1992) ; see also FED. R. EVID. 702(a) ; Owens , 895 F.3d at 972 (the expert's testimony must "assist the trier of fact"). "Expert testimony d......
  • Dana Corp. v. American Standard, Inc.
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    ...broached by a purported expert." United States v. Benson, 941 F.2d 598, 604 (7th Cir.1991) (citation omitted), opinion amended by 957 F.2d 301 (7th Cir.1992); cf. Mid-State Fertilizer v. Exchange Nat'l Bank of Chicago, 877 F.2d at 1340 (rejecting an economist's "expert" opinion that drew on......
  • Cage v. City of Chi.
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    • September 24, 2013
    ...Rule 702 is helpfulness to the jury.” United States v. Benson, 941 F.2d 598, 604 (7th Cir.1991), amended on unrelated grounds,957 F.2d 301 (7th Cir.1992). On this issue, “[t]he crucial question is, ‘On this subject can a jury from this person receive appreciable help.’ ” Id. (quoting 3 Jack......
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    ...of Evidence 1006." (citing 5 D. Louisell & C. Mueller, Federal Evidence § 599, at 540 (1981))), mandate recalled and amended by 957 F.2d 301 (7th Cir.1992). "As a summary witness, an IRS agent may testify as to the agent's analysis of the transaction which may necessarily stem from the test......
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