Karawi

MEMORANDUM **

Samer Karawi appeals his conviction on three counts of distributing pseudoephedrine, a listed chemical, with knowledge or reasonable cause to believe that it would be used to manufacture a controlled substance, namely, methamphetamine, in violation of 21 U.S.C. § 841 (c)(2) and 18 U.S.C. § 2 . On appeal, Karawi argues that the district court erred in excluding the testimony of his proffered cultural expert and that the mens rea requirement imposed by 21 U.S.C. § 841 (c)(2) violates due process. We affirm Karawi’s conviction.

We review a district court’s exclusion of expert testimony for abuse of discretion. Uni ted States v. Bahena-Cardenas, 411 F.3d 1067, 1078 (9th Cir.2005). The district court excluded the proffered testimony of Karawi’s cultural expert, Dr. Jihad Othman, because the name of the witness and the nature of the testimony was disclosed too late and Karawi had not provided sufficient indication of Dr. Othman’s particular expertise and knowledge. The district court did not abuse its discretion.

Our decisions in United States v. Kaur, 382 F.3d 1155 (9th Cir.2004) and United States v. Johal, 428 F.3d 823 (9th Cir.2005) foreclose the contention that 21…