United States v. Jose Juan Ramirez-Robles

Jose Ramirez-Robles appeals his jury convictions of distribution of methamphetamine and conspiracy to distribute methamphetamine, violations of 21 U.S.C. §§ 841 (a)(1) and 846. The charged transaction took place between Ramirez-Robles’s girlfriend, Sheree Turner, and a government informant. At trial Turner testified that she was acting at Ramirez-Robles’s direction. On appeal Ramirez-Robles argues that there was insufficient evidence to convict him, that the district court erred by admitting evidence of his prior bad acts, and that the district court erred by excluding polygraph evidence without a Daubert hearing. We affirm.

I. Facts

Methamphetamine Sale

Ramirez-Robles’s conviction arises out of Sheree Turner’s sale of methamphetamine to Jerry Guthrie, a government informant, on October 24, 2001. Turner is Ramirez-Robles’s girlfriend and owns the house at which the sale took place, although Ramirez-Robles lived there and paid for all expenses. The transaction had begun on October 23, 2001, when Guthrie went to the house looking for Turner. Ramirez-Robles answered the door and expressed displeasure at seeing Guthrie. After later making contact with Turner, Guthrie arranged to…