Pineda-Lorenzana

*221 MEMORANDUM ***

Defendant Carlos Pineda-Lorenzana was convicted on one count of illegal reentry after deportation. He argues that the district court erred by (1) allowing the arresting agents to testify that he ran away from them and that the passengers riding in the van, including him, were illegal aliens; (2) admitting as evidence a certified fingerprint card; (3) allowing expert testimony about fingerprint comparison; (4) denying his motion for acquittal; and (5) declining to grant a downward departure based on acceptance of responsibility. We affirm.

I

Pineda-Lorenzana argues that his right to a fair trial was violated when the district court allowed border patrol agents to testify that the passengers in the van, including Pineda-Lorenzana, were “illegal aliens” and that Pineda-Lorenzana ran away. Pineda-Lorenzana failed to object to this testimony at trial, so we review its admission only for plain error. See Fed.R.Crim.P. 52(b); United States v. Olano, 507 U.S. 725, 731 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993). The testimony regarding the passengers’ legal status was relevant to explain the circumstances of the arrest, and it was given in that context.

The testimony…