United States v. Lorenzo Gonzalez-Robles

MEMORANDUM

Lorenzo Gonzalez-Robles was convicted of conspiracy to import marijuana, 21 ' U.S.C. § 963, importation of marijuana, 21 U.S.C. §§ 952 (a), 960(a)(1), (b)(1)(G), possession with intent to distribute marijuana, 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(vii), and possession with intent to distribute marijuana on board a vessel, 46 U.S.C. § 70503 (a)(1). He appeals his convictions and sentences, alleging erroneous jury instructions, prosecutorial misconduct, and improper admission of expert testimony. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

1. The district court did not err in giving Ninth Circuit Model Criminal Jury Instruction 8.23. Although that instruction arguably contained one minor misstatement, taken as a whole, the instructions made clear that in order to convict, the jury was required to find that Gonzalez participated in a conspiracy that had marijuana smuggling as its object. See United States v. Dearing, 504 F.3d 897, 903 (9th Cir.2007).

2. The district court did not err in refusing to give a multiple conspiracy instruction. The government did not urge, nor did the evidence support the existence of, multiple discrete, uncharged conspiracies. See…