United States v. Oscar Luna-Aquino

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 20 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-50234

Plaintiff-Appellee, D.C. Nos. 3:20-cr-00439-LAB-1 v. 3:20-cr-00439-LAB

OSCAR LUNA-AQUINO,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Argued and Submitted December 9, 2021 Pasadena, California

Before: BERZON and BEA, Circuit Judges, and BENNETT,** District Judge.

Appellant Oscar Luna-Aquino (“Luna”) was convicted of importation of

methamphetamine, in violation of 21 U.S.C. § 960, after he was stopped at a port of

entry with approximately 95 pounds of pure methamphetamine concealed in his

vehicle. At trial, the sole issue in dispute was whether Luna had knowledge of the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Richard D. Bennett, United States District Judge…