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Defendant is charged in federal court with knowingly possessing fentanyl with intent to distribute. Defendant claims he did not know the package contained drugs and that he intended only to deliver a sealed box for a friend.
The defense offers Psychiatrist, who diagnosed Defendant with a cognitive disorder affecting risk assessment and suggestibility. Psychiatrist proposes to testify that people with the disorder are unusually compliant, that Defendant's test results are consistent with the diagnosis, and that a person with those results may agree to carry a package without appreciating its contents. Psychiatrist also proposes to say, "Defendant did not knowingly possess fentanyl and did not intend to distribute it." The government offers Agent, an experienced narcotics investigator, who proposes to say, "The amount and packaging prove Defendant was a distributor under federal law."
How should the court analyze the proposed testimony under the opinion rules? Discuss ultimate issues, Rule 704(b), expert helpfulness, and legal conclusions.