October 23, 2015
from United States District Court for the District of
Nebraska - Omaha.
United States of America, Plaintiff - Appellee: John Higgins,
U.S. ATTORNEY'S OFFICE, District of Nebraska, Omaha, NE.
Avalos, Defendant - Appellant, Pro se, Adelanto, CA.
Jose Avalos, Defendant - Appellant: William John Pfeffer,
PFEFFER LAW OFFICES, Omaha, NE.
LOKEN, MURPHY, and COLLOTON, Circuit Judges.
COLLOTON, Circuit Judge.
Avalos was convicted of possession with intent to distribute
fifty grams or more of methamphetamine, in violation of 21
U.S.C. § 841(a)(1) and (b)(1). The district
court sentenced Avalos to 360 months'
imprisonment. Avalos appeals his conviction, arguing that the
court improperly admitted expert testimony and that there was
insufficient evidence to support a conviction. He also argues
that his sentence is unreasonable. We affirm.
drug charge against Jose Avalos arose from a search of an
apartment in February 2013. At the time, police in Council
Bluffs, Iowa, were searching for Juan Avalos, Jose's
brother, after Juan escaped from a halfway house. A probation
officer notified police that Juan was staying with his
brother in an apartment in Omaha, Nebraska.
Travis Jarzynka arrived at the apartment and observed a man
who matched Juan's description exit the apartment
complex, enter a vehicle, and drive away. Jarzynka stopped
the car, and the driver identified himself as Jose Avalos.
Jose Avalos, whom we will call " Avalos," told
Jarzynka that Juan was at his apartment and provided a key to
enter the apartment.
and other police officers returned to the apartment and
arrested Juan. During a protective sweep of the two-bedroom
apartment, officers discovered a handgun and small baggie of
methamphetamine in the apartment's northern bedroom. The
officers suspected that this bedroom belonged to ...