Estrada

MEMORANDUM ***

Rubelo Estrada was convicted of conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(B). Jesus Camacho-Martinez (“Camacho”) pleaded guilty to the same charges. On appeal, Estrada requests a new trial, and both request remands under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

At Estrada’s trial, the parties read to the jury passages of English transcripts of phone calls in Spanish between Estrada and co-conspirators. Estrada argues that the district court committed structural error, requiring automatic reversal under United States v. Noushfar, 78 F.3d 1442 (9th Cir.1996), by letting the jury see, if briefly, unredacted transcripts, including parts not read in open court.

Noushfar is inapposite. No structural error exists when we are able to “review the magnitude of the harm.” Eslaminia v. White, 136 F.3d 1234 , 1237 n. 1 (9th Cir.1998) (reviewing for harmless error and finding structural error rare). Though “it is ... not a preferred procedure to send translated transcripts when they have not been read to or by the jury in open court,” to do so is not necessarily…