United States v. Francisco Carrillo

MEMORANDUM

Francisco Carrillo appeals his conviction for importing 59.6 kilograms of marijuana in violation of 21 U.S.C. §§ 952 and 960. We affirm.

Carrillo argues that the district court violated his Sixth Amendment right to a public trial by excluding his sister, Monica Lopez, and baby nephew from trial after she testified for the defense. However, a defendant can forfeit a Sixth Amendment claim by not promptly objecting or requesting that the individuals be allowed to stay. United States v. Rivera, 682 F.3d 1223, 1232-34 (9th Cir.2012). Carrillo raised no objection when the district judge excluded Lopez and the infant from the courtroom. Carrillo forfeited his claim by not promptly objecting or asking that Lopez and her baby be allowed to stay. By the time, later in the day, that Carrillo objected to the exclusion order, an order the district court modified in response to the objection, Lopez had already left.

Carrillo also claims that the district court abused its discretion by allowing a mechanic to testify as an expert about the effect of the drug-filled containers hidden in the tires on the truck’s performance. This claim fails because although foundation for the…