Evidentiary objections rejected; drug conviction upheld

United States v. Cristerna-Gonzalez, ___F.3d___, 2020 WL 3422818 (No. 19-7009, 10th Cir. June 23, 2020) (expert v. lay opinion evidence, bad acts evidence, 403-balancing test, and the importance of objections) Under plain error review, Tenth determines that cops giving expert testimony is admissible generally so here the only question would be if these cops were qualified. Since each had over 15 years of experience the Tenth determined no error. On appeal, defendant contended the admission of bank records showing large deposits to his account in Tennessee (his destination) and cash withdrawals in Phoenix (where he lived), was irrelevant. The Court disagreed and described it as most closely as modus operandi evidence, so no error at all. Lastly, defendant sent money to Culiaca, Sinaloa, Mexico. And prosecutor elicited that notorious cartel was there even though no connection of cartel to defendant. Defense attorney objected, but Tenth Circuit said harmless error because lots of evidence he knew he was transporting drugs.