Garcia

MEMORANDUM ***

Christine Garcia was arrested when she drove a van concealing marijuana into California. A jury convicted her of importing and possessing marijuana with intent to distribute, in violation of 21 U.S.C. §§ 952 , 960 and 841(a)(1). Garcia alleges that Agent Harrie Pike’s testimony on redirect examination constituted an improper attack on her credibility. She also challenges the constitutionality of §§ 960 and 841. We affirm.

On cross-examination of Agent Pike, Garcia’s attorney, Mark Fleming, asked Pike whether he told Garcia at the time of her arrest that “she was full of shit.” Pike did not recall whether he had used those exact words, but he agreed that it was “very possible.” (ER 58.) On redirect examination, the prosecutor followed up on Fleming’s question by asking Pike whether, “As you sit here today, would that comment still be an accurate reflection of how you felt about the defendant’s story.” Over objection, Pike answered “yes.” (ER 72.) Fleming later renewed his objection to Pike’s testimony and moved for a mistrial. (ER 79-80.)

On appeal, Garcia challenges the admission of Agent Pike’s testimony on redirect examination and the denial of her motion for…