Lopez

MEMORANDUM **

A jury convicted Lopez of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1), and for importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960. Lopez appeals his conviction on the ground that the district court violated Federal Rules of Evidence (“FRE”) 401 and 403 by admitting expert testimony concerning the organizational structure of drug smuggling operations. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*583 Lopez contends that the structure evidence was improperly admitted because it was not relevant to the charges and any probative value was substantially outweighed by the prejudice he suffered. We review for abuse of discretion a district court’s ruling concerning the relevance of evidence. United States v. Hicks, 103 F.3d 837, 843 (9th Cir.1996).

In United States v. Alatorre, 222 F.3d 1098 (9th Cir.2000), this Court upheld the admission of expert testimony regarding the operation and structure of drug smuggling rings: “The limited testimony admitted with regard to the structure and organization issue was proper because Alatorre opened the door by raising the fingerprints issue.”…