United States of America v. Jesus Ortega-Castellanos

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable James K. Singleton, Senior United States District
Judge for the District of Alaska, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS ORTEGA-CASTELLANOS,
Defendant - Appellant.
No. 09-50572
D.C. No. 3:08-cr-04000-JAH-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Argued and Submitted August 6, 2010
Pasadena, California
Before: KOZINSKI, Chief Judge, WARDLAW, Circuit Judge and
SINGLETON, District Judge. **
FILED
AUG 16 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

page 2
The agent’s background, training and explanation of the sources he relied on
were sufficient to qualify him as an expert on the marijuana’s value. Cf. United
States v. Mendoza-Paz, 286 F.3d 1104, 1112–13 (9th Cir. 2002). The government
didn’t introduce the vehicle transfer form to prove the truth of its contents, so the
document wasn’t hearsay. See Fed. R. Evid. 801(c). And Ortega-Castellanos still
hasn’t shown that he would have found any additional information helpful to his
defense had he been granted a continuance. See United States v. Mejia, 69 F.3d
309, 314–15 (9th Cir. 1995). Nor is there cumulative error requiring reversal.
The district court adequately addressed the arguments Ortega-Castellanos
made for a lighter sentence; the sentence imposed was substantively and
procedurally sound.
AFFIRMED.

-- 2 of 2 --