United States v. Oscar Beltran-Lastra

MEMORANDUM

Oscar Beltran-Lastra appeals his jury conviction and sentence for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960, and possession with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We affirm.

With respect to Beltran-Lastra’s challenge to the admission of other acts evidence under Federal Rules of Evidence 403 and 404(b), the government has made strong arguments as to the materiality of Beltran-Lastra’s prior border crossings, in conjunction with the evidence of his demeanor. Judge Gonzales appropriately admitted this evidence. Yet even assuming that the court erred in admitting this evidence, this error was harmless in light of the other evidence of Beltran-Lastra’s culpability. See United States v. Romero, 282 F.3d 683, 688 (9th Cir.2002).

Because Beltran-Lastra failed to preserve a number of his objections in district court, we review them for plain error. United States v. Crawford, 239 F.3d 1086, 1091 (9th Cir.2001). The admission of Officer Aguilar’s testimony as to Beltran-Lastra’s demeanor and prior statements did not constitute plain error because it did not cause prejudice to Beltran-Las-tra’s substantial rights. See United…