Aguirre-Ganceda

MEMORANDUM **

1. Appellant Jose Manuel AguirreGanceda did not object to Deputy Shon Small’s testimony regarding his (a) background, (b) training or (c) experience in handling informants. Aguirre-Ganceda also did not object to Deputy Small’s testimony regarding the confidential informant being a rehable informant or regarding the anonymous letter. Therefore, our review is for plain error. See United States v. Mendoza-Paz, 286 F.3d 1104, 1113 (9th Cir.2002). Plain error occurs only when the defendant’s substantial rights are affected, i.e., when the outcome of the proceedings is affected. See United States v. Bear, 439 F.3d 565, 568-69 (9th Cir.2006). Because there was overwhelming evidence of his guilt, including observed drug transactions, Aguirre-Ganceda cannot make the required showing regarding this challenged testimony. See United States v. Morfin, 151 F.3d 1149, 1151 (9th Cir.1998) (explaining that because the evidence against Morfin was overwhelming, the error did not affect his substantial rights.).

2. Aguirre-Ganceda did object to Deputy Small’s testimony regarding what the confidential informant told Small about Aguirre-Ganceda being a drug dealer. Where testimonial…