United States v. Adalid Cardenas
Opinion
Opinion
MEMORANDUM
A jury convicted Adalid Rodriguez Cardenas (“Cardenas”) of importation of methamphetamine ( 21 U.S.C. §§ 952 , 960) and possession of methamphetamine with the intent to distribute ( 21 U.S.C. § 841 (a)). The District Court sentenced Cardenas to a prison term of ten years.
On appeal, Cardenas contends that the District Court erred in: (1) admitting into evidence a cell phone; (2) refusing to strike irrelevant testimony of a government witness concerning the witness’s “diligence”; (3) allowing into evidence irrelevant testimony that Cardenas’s mother’s phone number was conveyed to defense counsel; (4) permitting the jury to view a post-arrest video recording of the questioning of Cardenas; (5) allowing the custodian of records to testify concerning the reason that a cell phone would continue to record incoming and outgoing calls after its seizure; (6) giving the Ninth Circuit model jury instruction on circumstantial evidence over the objection of the defendant; (7) not correcting the prosecution’s misstatement of the burden of proof; and (8) not concluding that cumulative error requires reversal.