United States v. Jesus Castro-Delfin ( 2015 )

FILED
NOT FOR PUBLICATION DEC 17 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-10446
Plaintiff - Appellee, D.C. No. 4:13-cr-01038-JGZ-JR-1
v.
MEMORANDUM*
JESUS GAYL CASTRO-DELFIN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Argued and Submitted November 19, 2015
San Francisco, California
Before: NOONAN, WARDLAW, and PAEZ, Circuit Judges.
Jesus Gayl Castro-Delfin (“Castro”) appeals his conviction and sentence for
possession with intent to distribute methamphetamine and importation of
methamphetamine. See 21 U.S.C. §§ 841, 952, 960. We have jurisdiction under
28 U.S.C. § 1291. We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
1. Because Officer Lopez participated in the questioning of Castro, the
admission of Special Agent Monahan’s testimony about Officer Lopez’s
translations of Castro’s statements raises some hearsay concerns. However, any
error in admitting Special Agent Monahan’s testimony was harmless beyond a
reasonable doubt in light of the overwhelming evidence of Castro’s guilt. This
evidence included Castro’s statements to the Passport Control Unit, his recorded
telephone conversations from the detention center, and the sheer quantity of
methamphetamine he transported, with a total retail value of approximately $1
million. See United States v. Morales, 720 F.3d 1194, 1199 (9th Cir. 2013).
2. The admission of Special Agent Monahan’s testimony about Officer
Lopez’s translations did not violate the Confrontation Clause because Officer
Lopez testified at trial and was available for cross-examination. See United States
v. Owens, 484 U.S. 554, 558 (1988).
3. The district court did not abuse its discretion in assessing a two-level
sentence enhancement for Castro’s use of a “special skill.” U.S.S.G. § 3B1.3.
Castro’s experience driving large tractor-trailers and his use of this skill in
importing methamphetamine adequately support the district court’s sentence
enhancement. See United States v. Mendoza, 78 F.3d 460, 465 (9th Cir. 1996).
AFFIRMED.
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