United States v. Castro Alavez

facts of this case, the district court’s erroneous jury instruction was not harmless. We therefore vacate Castro Alavez’s sentence for attempted possession of a controlled substance, but not his conviction. Second, Castro Alavez contends that his attempt conviction and conspiracy conviction should be vacated because the district court improperly admitted religious images and expert testimony about “narco saints.” While the expert testimony did not satisfy Federal Rule of Evidence 702, we nonetheless hold that the district court’s error in

USA V. CASTRO ALAVEZ

admitting this evidence was harmless. We thus affirm Castro Alavez’s convictions.

BACKGROUND

Castro Alavez, a native and citizen of Mexico, entered the United States in 2017 and lived in California until 2023. On June 15, 2023, Castro Alavez traveled to Hilo, Hawaii and rented a studio apartment from Diana Machado. Castro Alavez’s vacation rental was on the same property as Machado’s residence. On June 28, 2023, the postal service delivered a package addressed to “Marco Alavez” to Machado’s residence. Machado did not recognize the name on the package and became suspicious of its contents. Shortly…