Galindo-Armendariz
United States v. Galindo-Armendariz
Opinion
Lead Opinion
MEMORANDUM **
Alfredo Galindo-Armendariz appeals his conviction for importing a controlled substance, in violation of 21 U.S.C. §§ 952 and 960, and possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Specifically, he challenges the admission of expert testimony, the admission of physical evidence obtained through a non-routine border search, and the district court’s conclusion that 21 U.S.C. §§ 841 , 952, and 960 are constitutional. We affirm.
First, Galindo-Armendariz claims that the district court erred in admitting drug value and “veiled” drug organization structure testimony. We review a district court’s decision to admit expert testimony for abuse of discretion. United States v. Morales, 108 F.3d 1031, 1035 (9th Cir.1997).
In United States v. Kearney, 560 F.2d 1358, 1369 (9th Cir.1977), we held that the district court did not abuse its discretion in admitting evidence of the monetary value of drugs to show that a defendant intended to distribute the drugs and knew he possessed the drugs. Therefore, the district court did not abuse its discretion in allowing the drug value testimony.