United States v. Robert Martinez

KLEINFELD, Circuit Judge:

This case raises two issues, whether evidence of a prior conviction was permissibly allowed in, and whether use of a “communications facility” under 21 U.S.C. § 843 is a permissible drug-related felony predicate for the increased penalties of 21 U.S.C. § 841(b)(1)(B).

FACTS

Martinez and Serrano (Serrano’s appeal is disposed of separately in a memorandum disposition) smuggled methamphetamine from San Francisco into Hawaii. Their courier, Crystal York, got caught in the airport. She agreed to help the police catch her boyfriend, Serrano, and the person to whom he was…