United States v. Nelson Orellana

MEMORANDUM

Nelson Orellana was convicted after a bench trial of one count of possession with intent to distribute cocaine and one count of conspiracy. At trial he argued that he had been entrapped by a paid, confidential informant. He appeals, claiming errors at both his trial and his sentencing.

Orellana argues that the district court erroneously admitted hearsay testimony from an investigating officer concerning statements made by a confidential informant. Even assuming that the district court erred in admitting this testimony, any error was harmless. The confidential informant testified and was subject to extensive cross examination. See United States v. Makhlouta, 790 F.2d 1400, 1402 (9th Cir.1986) (holding that a hearsay error was harmless where “[t]he essential elements of the testimony were elsewhere properly admitted in evidence”). Orellana also argues that the district court erred in allowing the officer to give the court an overview of the investigation. There was no objection and no plain error.

Orellana also argues that the district court committed plain error by allowing a government witness to vouch for the credibility of the confidential informant. Improper…