United States v. Sepulveda-Barraza, No. 09-10362 (9th Cir. 2011)
Annotate this CaseDefendant appealed his conviction for importation of cocaine and possession with intent to distribute, claiming that the district court erred in admitting expert testimony regarding the structure and operations of drug-trafficking organizations and unknowing drug courier modus operandi, including testimony that drugs were rarely smuggled by unknowing courtiers. The court held that the district court did not abuse its discretion in admitting this testimony because it was relevant, probative, and not unduly prejudicial in light of defendant's defense theory that he did not know that he was transporting drugs and because he opened the door to the testimony by providing notice that he intended to call an expert witness to testify that drug trafficking organizations sometimes utilize unknowing couriers to smuggle drugs across the border. Accordingly, the conviction was affirmed.
This opinion or order relates to an opinion or order originally issued on March 3, 2011.
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