United States of America v. Bogar Agudo-Monroy

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
BOGAR AGUDO-MONROY,
Defendant-Appellant.
No. 16-50380
D.C. No.
3:15-cr-01631-AJB-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding
Argued and Submitted December 6, 2017
Pasadena, California
Before: CANBY and REINHARDT, Circuit Judges, and BLOCK,** District Judge.
Defendant-Appellant Bogar Agudo-Monroy argues on appeal that a number
of mostly unpreserved trial errors deprived him of a fair trial, either individually or
cumulatively.
FILED
DEC 11 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Frederic Block, United States District Judge for the
Eastern District of New York, sitting by designation.

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We conclude that the district court plainly erred by admitting irrelevant
evidence regarding the deconfliction of phone numbers in a cell phone connected to
Agudo-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.
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