Milan-Contreras

United States v. Milan-Contreras

Good Law
215 F. App'x 599
United States Court of Appeals for the Ninth CircuitDecember 22, 2006No. 06-30079California592 words

Opinion

Lead Opinion

MEMORANDUM **

Alberto Milan-Contreras appeals his federal convictions for possession with intent to deliver cocaine and possession of methamphetamine. We affirm.

Milan-Contreras first argues that Agent Poikey’s testimony was unreliable. Trial judges have broad discretion to allow non-seientific expert testimony. Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 153 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999). This court has routinely upheld “modus operandi” expert testimony if that testimony, as here, is intended generally to educate jurors on criminal conduct. See, e.g., United States v. Valencia Amezcua, 278 F.3d 901, 908-10 (9th Cir.2002). The district court did not abuse its discretion in adjudging Poikey’s testimony reliable.

Second, Milan-Contreras argues that the stash house testimony was unduly prejudicial. There was ample evidence that Milan-Contreras was connected to a drug operation. Poikey’s testimony would have helped jurors understand how the evidence fit together. His testimony was not unduly prejudicial.

Third, Milan-Contreras contends that Poikey’s testimony on “drug presses” failed to assist the jury. At trial, Milan-Contreras failed to object to the…

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