Mendoza-Paz
United States v. Mendoza-Paz
Opinion
Lead Opinion
MEMORANDUM *
Christina Mendoza-Paz appeals her jury conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). Mendoza-Paz argues that the district court erred in (1) finding that the government complied with Federal Rule of Criminal Procedure 16(a)(1)(E); (2) failing to discharge its gatekeeping duty in the admission of expert testimony; and (3) permitting a lay witness to comment on Mendoza-Paz’s credibility. Mendoza-Paz also *734 contends that her conviction must be vacated because sections 841 and 960 are facially unconstitutional. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our disposition. The district court did not err in ruling that the government sufficiently complied with Rule 16(a)(1)(E). Mendoza-Paz contends that Agent Hooks’ testimony should have been excluded because it was not subject to empirical testing, could not be reviewed for error rates, and his estimates had not been accepted in any…