United States v. Jose Segundo-Orellana

MEMORANDUM

Defendant Jose Segundo-Orellana was convicted of possession of cocaine with intent to distribute, in violation of 21 U.S.C. § § 841(a)(1) and (b)(l)(A)(ii)(II). Segundo asserts six bases for reversal of his conviction on appeal: (1) an alleged violation of Federal Rule of Criminal Procedure 16(a)(1)(G); (2) the decision to allow certain expert testimony at trial; (3) the decision to give a deliberate ignorance instruction; (4) various instances of alleged prosecutorial misconduct; (5) the denial of Segundo’s motion to suppress; and (6) the denial of Segundo’s request for an evidentiary hearing on his motion to suppress. For the reasons that follow, we affirm.

1. Federal Rule of Criminal Procedure 16(a)(1)(G)

We review discovery rulings under Rule 16 for abuse of discretion. See United States v. Danielson, 325 F.3d 1054, 1074 (9th Cir.2003). “To reverse a conviction for a discovery violation, [the court] must find not only that the district court abused its discretion, but that the error resulted in prejudice to substantial rights.” United States v. Baker, 10 F.3d 1374, 1398 (9th Cir.1993), overruled on other grounds by United States v. Nordby, 225 F.3d 1053 (9th…