Peralta

MEMORANDUM **

Patricia Peralta appeals her conviction for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960 and possession of marijuana with the intent to distribute in violation of 21 U.S.C. § 841 (a)(1) on two grounds. First, Peralta argues that, under United States v. Vallejo, 237 F.3d 1008, 1012 (9th Cir.2001), amended by 246 F.3d 1150 (9th Cir.2001), the district court erred when it admitted expert testimony about the structure of drug trafficking organizations in this simple, non-conspiracy case. Second, she contends that the district court abused its discretion when it excluded the expert testimony of Dr. Beatriz Heller, a clinical psychologist, who the defense sought to have testify about how Peralta’s depressive disorder would have affected her response to police interrogation. See id. at 1018-22 (holding that it was an abuse of discretion for a district court to exclude expert psychological testimony that explained why the defendant in a drug importation case might have had a different recollection than the customs inspector of the substance of their communication during an interrogation at the border). Dr. Heller’s testimony, Peralta argues, would be…