Rios

United States v. Rios

Good Law
202 F. App'x 230
United States Court of Appeals for the Ninth CircuitSeptember 21, 2006No. 05-50223California1,420 words

Opinion

Lead Opinion

MEMORANDUM **

Rios appeals from the district court’s entry of judgment following his conviction for possession with intent to distribute more than one kilogram of a mixture or substance containing cocaine, in violation of 21 U.S.C. § 841 (a)(2) and 18 U.S.C. § 2 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Rios contends that the district court’s admission of the testimony of Social Security Agent Paul Yokoyama was subject to the bar of equitable estoppel and was incompetent and inadmissible hearsay. Generally, “[w]e review a dis *232 trict court’s decision to admit or exclude expert testimony for an abuse of discretion.” United States v. Campos, 217 F.3d 707, 710 (9th Cir.2000). At trial, defense counsel objected to the admission of the Yokoyama testimony on the ground that she did not “believe that [Yokoyama was] really the proper person to be testifying to a record when we — it’s clear that we have other documents that show that there are two people using [the social security number Yanez-Nunez provided the Drug Enforcement Agency (DEA) ].” As this objection did not clearly raise the issue of either Yokoyama’s personal knowledge under Federal Rule…

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