Moreno-Fuentes

MEMORANDUM

Olga Moreno Fuentes (“Fuentes”) appeals following a jury trial on a two-count indictment. Fuentes was convicted of one count of importation of a controlled substance, in violation of 21 U.S.C. §§ 952 and 960, and acquitted on one count of possession of controlled substance with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

First, Fuentes argues that the district court erred in allowing expert testimony on the structure of drug trafficking organizations. We have held that expert testimony of drug trafficking organizations is inadmissible in cases where, as here, the defendant is not charged with conspiracy to distribute drugs. See United States v. Varela-Rivera, No. 99-10575, 2002 WL 206446 (9th Cir. Feb.12, 2002); United States v. Vallejo, 237 F.3d 1008 , 1016 n. 3 (9th Cir.), as amended, 246 F.3d 1150 (9th Cir.2001) (citing United States v. Alatorre, 222 F.3d 1098, 1099 (9th Cir.2000)). We have noted in these cases, however, that such testimony could be relevant if the defendant raised the lack of fingerprint evidence as probative of her lack of knowledge. Id. Because Fuentes…