United States v. Heidy Castellanos

MEMORANDUM

Defendant-Appellant Heidy Castellanos challenges her conviction and sentence following a jury trial in which she was convicted of conspiracy to import and importation of marijuana, in violation of 21 U.S.C. §§ 952 , 960, 963 and 18 U.S.C. § 2 . Specifically, Castellanos challenges the district court’s admission of post-arrest statements without an evidentiary hearing, refusal to give a “mere presence” jury instruction, admission of certain expert testimony, and the application of a two-level sentencing enhancement for obstruction of justice. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a) and we affirm.

Castellanos forfeited any objection to the admission of her post-arrest statements by not asking the court to revisit its tentative ruling denying the motion to suppress. As a result, Castellanos must show plain error in the admission of the statements. See United States v. Olano, 507 U.S. 725, 731-34 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993); United States v. McInnis, 976 F.2d 1226 , 1231 n. 3 (9th Cir.1992). The totality of the circumstances indicate that Castellanos knowingly and intelligently waived her Miranda rights before making the…