United States of America v. Veronica Cruz-Jimenez

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Susan H. Black, United States Senior Circuit Judge for
the Eleventh Circuit, sitting by designation.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VERONICA CRUZ-JIMENEZ,
Defendant - Appellant.
No. 11-30210
D.C. No. 4:10-cr-00073-BLW-10
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief District Judge, Presiding
Submitted August 9, 2012 **
Seattle, Washington
Before: GRABER, RAWLINSON, and BLACK*** , Circuit Judges.
Appellant Veronica Cruz-Jimenez (Cruz-Jimenez) challenges her conviction
for conspiracy to distribute methamphetamine. Cruz-Jimenez asserts that a new
FILED
AUG 13 2012
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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trial is warranted because the district court improperly admitted a non-testifying
co-conspirator’s statement regarding Cruz-Jimenez’s involvement in the
conspiracy.
The district court properly admitted the co-conspirator’s statement pursuant
to Federal Rule of Evidence 801(d)(2)(E) because Cruz-Jimenez actively
participated in the conspiracy to distribute methamphetamine and the statement
was made in furtherance of the conspiracy. See United States v. Bridgeforth, 441
F.3d 864, 869 (9th Cir. 2006). Because the statement was admissible as a co-
conspirator statement, Cruz-Jimenez’s Confrontation Clause rights were not
violated. See id. at 868-69.
Even if the district court erred in admitting the statement, any error was
harmless given the substantial evidence of Cruz-Jimenez’s involvement in the
conspiracy. See United States v. Hardy, 289 F.3d 608, 613 (9th Cir. 2002), as
amended; see also United States v. Gonzalez-Flores, 418 F.3d 1093, 1102 (9th Cir.
2005).
AFFIRMED.

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