Byrne

MEMORANDUM *

Jenifer Marie Byrne appeals from the judgment of conviction and sentence imposed upon her for importation of 23.2 kilograms of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possession with intent to distribute the same, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm in part, vacate and remand in part.

1. The district court did not abuse its discretion by ruling that Byrne “opened the door,” United States v. Tory, 52 F.3d 207, 210 (9th Cir.1995), to the government’s presentation of evidence regarding the structure of drug-trafficking organizations. The district court expressly warned, while granting Byrne’s motion in limine regarding structure evidence, that it would allow the government to present such evidence in rebuttal if Byrne’s counsel questioned government witnesses regarding any “lack of attempting to lift prints from the gas tank or from the packaging inside the gas tank.” Nevertheless, in cross-examining Agent Moran and other government witnesses, Byrne’s counsel did precisely what the district court warned him not to do. When “the defense opens the door by introducing…