District court may exclude expert testimony without Daubert hearing when record is sufficient to allow proper reliability determination

EVIDENCE United States v. Nacchio, No. 07-1311, ___ F.3d ___ (10th Cir. Feb. 25, 2009)(en banc)(Colorado). Appeal of multiple convictions for insider trading. HELD: District court fulfilled its duty as gatekeeper and did not abuse its discretion by excluding expert testimony. District court developed sufficient record, made concrete reliability determination, and made specific findings, particularly, that defendant did not carry his burden of showing reliability under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). District court does not err by excluding expert testimony without conducting Daubert hearing when record is adequate to allow proper reliability determination. Read the opinion here.