United States v. Robert Torres

MEMORANDUM

Robert Edward Torres appeals from a judgment convicting him of one count of importation of marijuana and one count of possession of marijuana with intent to distribute. Torres challenges his conviction on a number of grounds. Each is without merit.

First, Torres argues the evidence was insufficient to support the jury’s verdict. This argument fails because the evidence was more than sufficient under the applicable standard of review. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

Second, Torres argues he was deprived of his right to a fair trial by the admission of hearsay statements into evidence and that his trial counsel was ineffective for failing to object thereto. The admission of these statements, even if admitted in error, was not sufficiently prejudicial to satisfy the standard for plain error, see United States v. Anekwu, 695 F.3d 967, 973 (9th Cir.2012), or ineffective assistance of counsel.

Third, Torres argues his trial counsel were ineffective because they (1) erroneously described Torres as closely acquainted with a co-defendant in the defense’s opening statement, (2) failed to object to improper expert opinion…