Ogedengbe

MEMORANDUM **

Defendant-Appellant Rafat S. Ogedengbe appeals her conviction for conspiracy to import heroin, in violation of 21 U.S.C. §§ 952 (a), 960(b)(1)(A) and 963. We affirm in part, reverse in part, vacate the sentence, and remand for re-sentencing.

I.

The trial court did not abuse its discretion in allowing testimony by a government expert concerning the structure and practices of complex international drug smuggling organizations. This court has consistently approved the use of such evidence in cases like the present, which involve a defendant accused of involvement in a complex drug conspiracy. See United States v. Klimavicius-Viloria, 144 F.3d 1249, 1259-60 (9th Cir.1998), cert. denied, 528 U.S. 842 , 120 S.Ct. 311 , 145 L.Ed.2d 94 (1999); United States v. Kearns, 61 F.3d 1422, 1427 (9th Cir.1995). See, e.g., United States v. Varela-Rivera, 279 F.3d 1174, 1179 (9th Cir.2002) (noting that modus operandi testimony is generally inadmissible unless the defendant is charged with conspiracy).

Appellant’s reliance on cases such as United States v. Vallejo, 237 F.3d 1008 (9th Cir.2001), as amended, 246 F.3d 1150 (9th Cir.2001) and United States v. Varela-Rivera, 279 F.3d at…