United States v. Bogar Agudo-Monroy

705 F. App'x 666

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 11, 2017
• Docket: 16-50380
• Status: Unpublished

Opinion

MEMORANDUM **

Defendant-Appellant Bogar Agudo-Mon-roy argues on appeal that a number of mostly unpreserved trial errors deprived him of a fair trial, either individually or cumulatively.

We conclude that the district court plainly erred by admitting irrelevant evidence regarding the deconfliction of phone numbers in a cell phone connected to Agu-do-Monroy. The district court also abused its discretion by allowing unnoticed expert testimony interpreting the cell phone log. We find these errors harmless, both individually and cumulatively, in light of the overwhelming evidence of guilt. See United States v. Whitehead, 200 F.3d 634, 639 (9th Cir. 2000); see also United States v. Karterman, 60 F.3d 576, 580 (9th Cir. 1995).

The other grounds on which Agudo-Monroy appeals did not amount to error, but even if they did it would not affect our conclusion regarding harmlessness.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.