Hernandez-Silva

United States v. Hernandez-Silva

Good Law
32 F. App'x 856
United States Court of Appeals for the Ninth CircuitMarch 12, 2002No. 00-10641; D.C. No.CR- 00-681-TUC-JMRCalifornia1,224 words

Opinion

Lead Opinion

MEMORANDUM **

A jury convicted Javier Hernandez-Silva (“Hernandez”) of possession with the in *858 tent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1), and conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846 . Hernandez appeals, contending that the district court: (1) violated his speedy trial rights; (2) improperly rejected his motion for judgment of acquittal; and (3) improperly admitted drug courier modus operandi evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A district court’s application of the Speedy Trial Act is reviewed de novo. United States v. Lam, 251 F.3d 852, 855 (9th Cir.2001). A district court’s decision to grant or deny a motion for a continuance is reviewed for an abuse of discretion. United States v. Zamora-Hernandez, 222 F.3d 1046, 1049 (9th Cir.2000), cert.denied, 531 U.S. 1200 , 121 S.Ct. 1208 , 149 L.Ed.2d 122 (2001). A district court’s ruling on a motion for judgment of acquittal is reviewed de novo. United States v. Ruiz-Lopez, 234 F.3d 445, 447-48 (9th Cir.2000). A district court’s decision to admit expert opinion testimony is reviewed for abuse of discretion. United…

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