Garrido-Hernandez

MEMORANDUM **

Evaristo Garrido-Hernandez appeals his conviction for transportation of illegal aliens. See 8 U.S.C. § 1324 (a)(1)(A)(ii). We affirm.

(1) Garrido first contends that the district court erred when it failed to admit expert opinion evidence on the reliability of eyewitness testimony. We disagree. As the district court pointed out, Garrido never presented sufficient evidence to establish a foundation that the proposed testimony would, in fact, constitute “scientific knowledge,” or that the proposed witness would qualify as an expert, or that the evidence would be helpful to the jury. See Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 591-93 , 113 S.Ct. 2786, 2795-96 , 125 L.Ed.2d 469 (1993); United States v. Hicks, 103 F.3d 837, 847 (9th Cir.1996); United States v. Rincon, 28 F.3d 921, 923-25 (9th Cir.1994). The district court did not abuse its discretion. See Gen. Elec. Co. v. Joiner, 522 U.S. 136, 138-39 , 118 S.Ct. 512, 515 , 139 L.Ed.2d 508 (1997).

(2) Garrido next contends that the district court erred when it refused to give a special instruction on eyewitness testimony. Again, we disagree. Of course, the district court must assure that the instructions…