Robles-Rosas

memorandum: *

Robles-Rosas and Lopez-Lopez appeal from judgments of conviction pursuant to 21 U.S.C. §§ 952 , 960, and 841, for importation and possession with intent to distribute 44.36 kilograms of marijuana. The district court had jurisdiction under 18 U.S.C. § 3231 , and we have jurisdiction of these timely appeals pursuant to 28 U.S.C. § 1291 . We affirm.

Robles-Rosas and Lopez-Lopez first argue that the district court abused its discretion under Federal Rule of Evidence 403 by permitting expert testimony regarding the structure and modus operandi of drug organizations. We review evidentiary rulings of the district court for an abuse of discretion. United States v. Murillo, 255 F.3d 1169, 1174 (9th Cir. 2001).

Testimony similar to that given in this case was allowed in Murillo . There, (1) the Government showed that the evidence was relevant to demonstrate the defendant’s knowledge that he was in possession of the drugs; and (2) the defendant had raised the lack of fingerprints as probative of lack of knowledge. Murillo, 255 F.3d at 1177 .

In the present case, no conspiracy was charged, but Robles-Rosas was charged with aiding and abetting. This made testimony relating to…