Horton v. USA

Filing 15

ORDER denying 14 Motion to Strike. Signed by Judge David R. Herndon on 6/29/2017. (kmb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER M. HORTON,
Petitioner,
v.

No. 3:17-cv-00023-DRH

UNITED STATES OF AMERICA,
Respondent.
ORDER
HERNDON, District Judge:
Before the Court is petitioner Christopher Horton’s pro se Motion to Strike
Curriculum Vitae of Expert Witness Dr. Daniel Cuneo (Doc. 14). Horton argues
that Dr. Cuneo should have not been referred to as “doctor” during the course of
Horton’s sexual child abuse sentencing proceedings because Dr. Cuneo’s doctoral
degree is in clinical psychology and not medicine; Dr. Cuneo’s curriculum vitae
(“CV”) was never certified or verified; and due to lack of verification, Dr. Cuneo’s
CV should be stricken as hearsay, or for purposes of unreliability (Id.). Based on
what Horton attempts to attack—Dr. Cuneo’s credibility and not the admissibility
of the evidence presented—the Motion to Strike (Doc. 14) is DENIED.
First, the Court notes in our society a clinical psychologist who has earned
a PhD is given the courtesy of being referred to as “doctor”; similar to a college
professor or any individual who has attained a doctorate in any discipline aside
from medicine. Next, there is no requirement for an independent verification or
certification of an expert’s CV. See FED. R. EVID. 702 (requirements for testimony

by expert witness). Generally an expert witness testifies their CV is accurate, and
if it is not up-to-date, testifies regarding what on the face of their CV is inaccurate.
In sentencing hearings, the Court is allowed to consider reliable evidence even in
the form of hearsay; and, a CV that accompanies an expert’s report fits within that
permissible use of hearsay testimony. See United States v. Polson, 285 F.3d 563,
566 (7th Cir. 2002) (at sentencing district court may consider reliable hearsay
evidence). Dr. Cuneo is a well-known psychologist who has testified before the
undersigned many times, and the Court is well aware of his qualifications. E.g.,

Roback v. V.I.P. Transp. Inc., 90 F.3d 1207, 1215 (7th Cir. 1996) (decision to
permit expert testimony is committed to discretion of district court judge).
Accordingly, Horton’s Motion to Strike (Doc. 14) is DENIED.
IT IS SO ORDERED.
Signed this 29th day of June, 2017.

Digitally signed by
Judge David R. Herndon
Date: 2017.06.29
09:49:05 -05'00'
UNITED STATES DISTRICT JUDGE