Figueroa-Lopez

OVERVIEW

Raul Figueroa-Lopez (“Lopez”) appeals his jury conviction and sentence for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Lopez contends that the district court erred by: 1) admitting damaging opinion testimony from law-enforcement officers, who the Government did not qualify as experts, that Lopez’s behavior was consistent with that of an experienced drug trafficker; and 2) admitting out-of-court statements of non-witnesses through the Government’s informant, in violation of the Confrontation Clause and hearsay rule. Lopez also contends that the Government entrapped him as a matter of law, because the Government’s informant induced him to engage in the narcotics transaction in order to obtain repayment of an overdue debt. Finally, Lopez makes several challenges to his sentence.

Although the district court erred by allowing in evidence as “lay opinion” testimony specialized opinion testimony by law-enforcement officers, we conclude that the error was harmless, and we affirm Lopez’s conviction and sentence.

BACKGROUND

I. The Underlying Offense

At the end of May 1994, federal agents arrested Darryl Storm. Storm and others were…