Martinez-Avina

*690 MEMORANDUM **

Defendant Juan Carlos Martinez-Avina was stopped at a border crossing and found to have marijuana hidden in the car he was driving. Following a jury trial, Defendant was convicted on both counts of the indictment: (a) importing marijuana in violation of 21 U.S.C. § 952 and § 960 and (b) possession of marijuana with the intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Defendant was sentenced to 27 months’ incarceration to be followed by three years’ supervised release.

Defendant contends evidence of the structure and modus operandi of drug transactions were improperly admitted. He complains of references to courier and load vehicles, as well as testimony regarding car keys and an air freshener. He also argues that a Government attorney engaged in improper “vouching” and that the district judge erred in the imposition of sentence.

The purported structure evidence in this case is distinguishable from the evidence at issue in United States v. Vallejo, 237 F.3d 1008, 1016-17 , as amended, 246 F.3d 1150 (9th Cir.2001), and United States v. Pineda-Torres, 287 F.3d 860, 863-66 (9th Cir.2002). Here, no separate witness testified as an expert describing how…