Rodriguez-Rangel

MEMORANDUM ***

Mario Rodriguez-Rangel appeals his conviction for assaulting a federal officer under 18 U.S.C. § 111 and the resulting 51-month sentence. We have jurisdiction under 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.

Rodriguez-Rangel first argues the district court erred by admitting improper lay and expert witness opinion testimony. Because Rodriguez-Rangel’s counsel did not object to this evidence at trial, we review only for plain error. See United States v. Olano, 507 U.S. 725, 735-37 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993).

Rodriguez-Rangel claims the district court erred by admitting the testimony of Officers Ferguson and McNeel because neither officer was qualified to offer a medical opinion. The officers each testified that they had previously observed people having seizures and that Rodriguez-Rangel’s behavior was inconsistent with their previous observations. Assuming these statements constituted lay opinions, they were “rationally based on the perception of the witnesses]” and “helpful to a clear understanding of the witness[es]’ testimony or the determination of a fact in issue.” Fed.R.Evid. 701. The district court did not plainly err in…