Buelna-Valenzuela

MEMORANDUM *

Jesus Buelna-Valenzuela appeals his jury conviction for conspiracy to possess with the intent to distribute 100 to 1,000 kilograms of marijuana, and possession with the intent to distribute marijuana, in violation of 21 U.S.C. §§ 846 , 841(a)(1) and 841(b)(l)(B)(vii). Buelna-Valenzuela contends that the district court erred in admitting portions of testimony by three Drug Enforcement Administration agents in violation of the hearsay rule and the Sixth Amendment’s Confrontation Clause. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

A. Testimony of Agent Garrett and Agent Giacobbe

Agents Donald Garrett and Nicholas Giacobbe both testified that Agent Jesse Faircloth broadcasted over the radio that a Hispanic male wearing a bright yellow shirt was getting into the marijuana-loaded car and driving away. While the radio-broadcasted statements were hearsay, they were admissible under the present sense impression exception. See Fed.R.Evid. 803(1).

Because Buelna-Valenzuela faded to object on Confrontation Clause grounds to the admission of Agents Garrett’s and Giacobbe’s testimony, we review for plain error the admission of their testimony in the face of that…