Espinoza-Rebollar

MEMORANDUM **

Teresa Espinoza-Rebollar appeals her conviction for importation of marijuana, and possession of marijuana with intent to distribute, under 21 U.S.C. §§ 952 , 960, and 841(a)(1), on three grounds. She contends (1) that the district judge failed to follow the “law of the case” by ruling that evidence excluded in her first trial would be admissible in her second trial; (2) that the government failed to turn over exculpatory evidence as required by Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963); and (3) that the prosecutor made improper statements in his closing arguments that require reversal of her conviction. We reject each of her arguments and AFFIRM the conviction. We vacate her sentence under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), and REMAND for resentencing.

1. Prior to her first trial, which resulted in a mistrial because the jury was deadlocked, the district court ruled that evidence of Espinoza-Rebollar’s past arrest (without conviction) for drunk driving and a song Espinoza-Rebollar produced about alien smuggling, would not be admitted. Before the second trial, however, the court indicated that…