United States v. Aramis Garcia-Aguiar

MEMORANDUM

Defendant Aramis Garcia-Aguiar (“Garcia-Aguiar-”) appeals from the district court’s: (1) judgment entered after a jury found Garcia-Aguiar guilty of one count of importation and one count of possession of approximately 22.63 kilograms of cocaine; and (2) imposition of concurrent sentences of 102 months’ imprisonment to be followed by 5 years’ supervised release. On February 1, 2008, Customs and Border Patrol (“Customs”) officers arrested Garcia-Aguiar after he entered the United States via the Mariposa Point of Entry in Nogales, Arizona with 22.63 kilograms of cocaine hidden in the undercarriage of his vehicle. After a jury found Garcia-Aguiar guilty of both counts, the district court imposed a 102-month sentence of imprisonment after granting downward adjustments for “safety valve” and acceptance of responsibility, which resulted in a sentencing guideline range of 97-121 months imprisonment.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion when it denied Garcia-Aguiar’s motion to exclude from evidence the cartridge-carrying rifle magazines found in the trunk of his car when he was arrested. The…