United States v. De Jesus-Alcantara

MEMORANDUM **

Maria De Jesus-Alcantara appeals her conviction following a jury trial and sentence of 121 months for possession with intent to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. § 841 (a)(1). De Jesus-Alcantara argues that the district court erred by allowing certain expert testimony and by not granting a two-point downward departure for acceptance of responsibility. She also claims that her trial counsel was ineffecfive. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court on the evidentiary and sentencing issues. We decline to reach the ineffective assistance of counsel claim on this direct appeal.

I

Contrary to De Jesus-Alcantara’s argument, the district court’s ruling on her motion in limine indicated that the government could offer “unknowing courier” testimony. This was not error, as a qualified agent may express an opinion that the amount of cocaine carried would not be entrusted to an unknowing person. See, e.g., United States v. Murillo, 255 F.3d 1169, 1176-78 (9th Cir.2001). Although Agent Marzullo mentioned in passing that Los Angeles was a source city and that cocaine comes in across the border,…