Carrillo-Lopez

MEMORANDUM **

Jesus Salvador Carrillo-Lopez (“Appellant”) appeals his jury conviction for possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A), and importation of cocaine in violation of 21 U.S.C. §§ 952 (a) and 960(a)(1). Appellant argues that the district court abused its discretion by admitting expert testimony about the structure of narcotics trafficking organizations in violation of Federal Rules of Evidence 704(b) and 403, and that the district court’s error was not harmless. Knowledge was an element of the crime charged, see 21 U.S.C. § 960 (a)(1), and the only significant issue at trial.

“No expert witness ... may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged .... ” fed. r. evid. 704(b). The expert witness here went beyond the limits of simple drug courier testimony, which, under certain circumstances, is permissible under Rule 704. United States v. Murillo, 255 F.3d 1169, 1178 (9th Cir.2001), cert. denied, 535 U.S. 948 , 122 S.Ct. 1342 , 152 L.Ed.2d 245 (2002). He testified about the structure of drug trafficking…