United States v. Luis Dimas

MEMORANDUM

Luis Angel Dimas appeals his conviction and sentence for one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Dimas challenges the admission of Deputy Sheriff Cary Colla’s expert testimony that a trained drug-sniffing dog detected the presence of narcotics in Dimas’s vehicle. Dimas argues that Colla’s testimony was unreliable and that his comments about lingering narcotics odors went beyond the scope of his expertise. We review a district court’s decision to admit expert testimony for an abuse of discretion. United States v. Alatorre, 222 F.3d 1098, 1100 (9th Cir.2000).

Deputy Colla’s experience and training provided a reliable foundation for his testimony about narcotics odors and the dog’s search of Dimas’s vehicle. Both Colla and the dog were certified in drug detection, and they trained together on a monthly basis. The dog was 100% accurate in his testing. Further, Colla attended conferences and classes relating to his duties as a drug dog handler. Accordingly, the district court did not abuse its discretion by admitting Colla’s…