Lopez-Cuevas

United States v. Lopez-Cuevas

Good Law
152 F. App'x 665
United States Court of Appeals for the Ninth CircuitNovember 3, 2005Nos. 04-10285, 04-10298California480 words

Opinion

Lead Opinion

MEMORANDUM **

Fernando Lopez-Cuevas and Antelmo Ontiveras appeal their convictions and sentences for conspiracy to possess methamphetamine with intent to distribute and possessing methamphetamine with intent to distribute. We affirm both appellants’ convictions and remand pursuant to United States v. Ameline, 409 F.3d 1073, 1074 (9th Cir.2005) (en banc).

Ontiveras argues that the district court erred by admitting expert testimony proffered by Sergeant Robert Risedorph as to the modus operandi of methamphetamine traffickers and structure of drug trafficking organizations. Our precedent makes clear, however, that expert testimony as to the general modus operandi of methamphetamine traffickers is admissible. Un ited States v. Valencia Amezcua, 278 F.3d 901, 908 (9th Cir.2002). In fact, we have specifically upheld the admissibility of expert testimony explaining that “drug traffickers generally do not entrust large quantities of drugs to unknowing transporters.” Id. (citing cases). Moreover, expert testimony regarding criminal enterprise structures is admissible to allow the jury to understand a conspiracy and to assess a defendant’s involvement in it. See United States v.…

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