United States v. Juan Rubio-Villareal

Juan Rubio-Villareal appeals his convictions for conspiracy to import 7.42 kilograms of cocaine, in violation of 21 U.S.C. §§ 952 , 960, and 963 (Count 1); importation of 7.42 kilograms of cocaine, in violation of 21 U.S.C. §§ 952 and 960 (Count 2); conspiracy to possess cocaine for distribution, in violation of 21 U.S.C. §§ 841 (a)(1) and 846 (Count 3); and possession of cocaine for distribution, in violation of 21 U.S.C. § 841 (a)(1) (Count 4).

Appellant asserts several grounds for reversal. First, appellant argues that the evidence introduced at trial was insufficient to sustain a finding of guilt beyond a reasonable doubt. Second, appellant contends that the district court gave an improper jury instruction. Third, the appellant maintains that the district court abused its discretion in refusing to admit evidence from two proffered expert witnesses. And finally, appellant argues that the district court erred when it allowed the government to introduce evidence of a pri- or drug importation conviction and accompanying post-arrest statements.

We REVERSE the convictions as to Counts 1 and 3 because of insufficiency of the evidence and remand for DISMISSAL of those counts. We…