United States v. Dela Pena

MEMORANDUM *

Defendant Isagani Dela Pena, Jr. appeals his conviction and sentence on a series of drug and firearms-related charges, citing a number of grounds. We affirm. Because the parties are familiar with the facts, we recite them only as necessary.

Dela Pena contends that he was prejudiced by the presentation to the jury of expert urinalysis testimony, even though the district court instructed the jury to disregard that testimony at the close of trial. Dela Pena’s trial counsel did not object to the expert’s testimony and participated in drafting the jury instruction. Where proper limiting instructions are given, “juries are presumed to follow their instructions.” Zafiro v. United States, 506 U.S. 534, 540 , 113 S.Ct. 933 , 122 L.Ed.2d 317 (1993) (citation omitted). Dela Pena argues that despite the limiting instruction, the presentation was so strong and so visually enhanced, it must have affected the verdict. We disagree. The drugs and drug paraphernalia found in Dela Pena’s possession, including in the house and car, were sufficient to support a reasonable inference by the jury that Dela Pena was a drug user.

The district court did not err in denying Dela Pena’s motion…