United States v. Flores-Delgado

233 F. App'x 651

Opinion

MEMORANDUM **

That Flores-Delgado drove his own car over the border with 50 pounds of marijuana hidden in a secret compartment inside it constitutes sufficient evidence to support a jury’s determination that he knowingly imported marijuana, and that he knowingly possessed the marijuana with the intent to distribute it.¹

The district court erred by not asking, during the sentencing hearing, whether the defendant and his attorney had read and discussed the presentence report.² The error, though, was harmless. First, appellant has not claimed that he did not read the report.³ Second, appellant has not identified any error in the report that he would have brought to the court’s attention had the judge asked the Rule 32(i)(1)(A) question.⁴ Third, defense counsel’s sentencing memorandum made it plain that he and his client had read the presentence report.

AFFIRMED.

Footnotes

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. See, e.g, United States v. Diaz-Cardenas, 351 F.3d 404, 407 (9th Cir.2003); United States v. Dixon, 460 F.2d 309, 309 (9th Cir.1972) (per curiam).

2

. See Fed.R.Crim.P. 32(i)(1)(A).

3

. See United States v. Davila-Escovedo, 36 F.3d 840, 844 (9th Cir.1994) (concluding that a violation of the federal rule was harmless).

4

. Id.