United States v. Raul Jimenez

MEMORANDUM

Appellant, Raul Jimenez, appeals his conviction for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. He also appeals the sentence imposed by the district court, which did not grant him a minor role reduction under U.S.S.G. § 3B1.2. We affirm both the conviction and the sentence.

The parties are familiar with the facts. Appellant was convicted in federal court of smuggling marijuana across the border from Mexico in a spare tire under his rental car. His sentence did not include any adjustment for minor role status. The Government introduced evidence of other recent border crossings, called “T.E.C.S.” evidence.

Appellant argued that the T.E.C.S. evidence constituted evidence of “other acts” under Federal Rule of Evidence 404(b). Appellant argued that it was inadmissible because the prosecution could not establish a relevant permissible use of the evidence, but rather it only served to prove propensity, and impermissible use under Rule 404(b). He also argued that the probative value of this evidence was substantially outweighed by the danger of unfair prejudice, and that its admission would waste time and cause confusion under Rule 403. With regard to…