United States v. Chavez de Gallardo

MEMORANDUM **

Alma Chavez de Gallardo appeals her jury conviction for importation of marijuana and possession with intent to distribute, in violation of 21 U.S.C. §§ 952 , 960 and 841(a)(1). Chavez was arrested at the United States-Mexico border with nearly 100 pounds of marijuana stored in secret compartments of the Toyota 4-Runner she was driving. The car was registered in the name of Tina Lopez. At trial, Chavez posited the theory that the drugs belonged to Lopez, and that Chavez had borrowed the car unaware of its hidden contents.

After the defense introduced testimony that a man was arrested on the same day as Chavez at the border claiming to be Lopez’s grandfather, the government asked whether any of Chavez’s relatives had been arrested for drug smuggling. The district court immediately sustained an objection and issued a curative instruction. The question went unanswered. Chavez moved for a mistrial because of this allegedly improper question, but the district court denied the motion. Also at trial, the government introduced expert testimony regarding the general structure of drug trafficking organizations. On cross-examination by the defendant’s attorney, the expert…