Hernandez-Silva
United States v. Hernandez-Silva
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…