Casteneda

MEMORANDUM *

Francisco Medina-Casteneda (“MedinaCasteneda”) appeals his jury conviction and sentence for conspiracy to possess and distribute cocaine and methamphetamine, in violation of 21 U.S.C. §§ 841 and 846, and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 . For the following reasons, we affirm.

I. Readback of Testimony

The district court did not abuse its discretion in denying the jury’s request to read back Marcos Garcia’s testimony. After the jury requested the read back of Garcia’s testimony, the judge consulted with counsel for both sides without the jury present. He explained that in accordance with Ninth Circuit case law, he ordinarily discouraged rereads because of the tendency of the jury to focus on one particular piece of evidence at the expense of other evidence. Counsel for the appellant agreed that Garcia’s testimony should not be reread to the jury unless the jury asked for the testimony to be reread at some future point in its deliberations. In light of the district court’s great latitude to address requests for readbacks and its recognition of the problems associated with readbacks, we hold that the judge’s decision to deny…