United States v. Mario Sanchez-Soto

MEMORANDUM

Defendant Mario Sanchez-Soto was arrested while attempting to drive across the border between Mexico and the United States at the San Ysidro Port of Entry in California. His truck contained almost 10 kilograms of cocaine, hidden in compartments inside the truck. Sanchez was tried and convicted for knowingly importing cocaine in violation of 21 U.S.C. §§ 952 and 960. He is currently serving a 75 month term of imprisonment. Sanchez now raises a number of issues on direct appeal of his conviction and sentencing. Two of those issues warrant reversal of the judgment. Because reversal is warranted on these two grounds, we decline to reach the other issues Sanchez raises. We reverse and remand to the district court for further proceedings in accordance with this memorandum.

1. Sanchez argues that a statement made by his wife Marta in a jail call with him was improperly admitted over a hearsay objection. The government responds that this statement is an adoptive admission by Sanchez and, therefore, admissible as non-hearsay. Evidentiary rulings are reviewed for abuse of discretion. United States v. Whittemore, 776 F.3d 1074, 1077 (9th Cir.2015). Evidentiary errors are subject…