Abuse of Discretion – Evidentiary Ruling

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7^th Circuit Court of Appeals

Case Name: United States of America v. Khalid Hamdan

Case No.: 18-1327

Officials: KANNE, ROVNER, and BARRETT, Circuit Judges.

Focus: Abuse of Discretion – Evidentiary Ruling

Khalid Hamdan appeals his 2014 conviction on three counts related to his activities involving XLR-11, a Schedule I synthetic cannabinoid used to make the street drug “spice.” On appeal, Hamdan argues the district court abused its discretion by granting the government’s motion to quash Hamdan’s subpoenas of two Wisconsin state troopers. The troopers previously arrested and questioned Hamdan after a 2012 traffic stop where Hamdan possessed a different synthetic cannabinoid. According to Hamdan, this evidence would have supported his defense that he honestly believed synthetic cannabinoids were legal substances and he therefore lacked the requisite mens rea to commit the alleged crimes. Hamdan similarly argues that the district court abused its discretion in failing to grant his motion for a new trial because the district court’s evidentiary rulings jeopardized his right to present his theory of defense. Because the district court did not abuse its discretion, we affirm.

Affirmed

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.