United States v. Robinson Lome
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 4, 2026
Docket25-2683
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 4 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 25-2683
D.C. No.
Plaintiff - Appellee, 3:24-CR-01645-JES-1
v. MEMORANDUM*
ANGELA ROBINSON LOME,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
James E. Simmons, Jr., District Judge, Presiding
Submitted October 30, 2026**
Pasadena, California
Before: R. NELSON and H.A. THOMAS, Circuit Judges, and PITTS, District
Judge.***
Angela Robinson Lome appeals her conviction for knowingly and
intentionally importing methamphetamine into the United States in violation of 21
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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 P. Casey Pitts, United States District Judge for the
Northern District of California, sitting by designation.
U.S.C. §§ 952, 960. She argues that (1) the district court erred by allowing
testimony from the government’s automobile expert that had not been properly
disclosed under Federal Rule of Criminal Procedure 16, and that (2) the
government improperly commented on her decision not to testify at trial in its
closing argument, in violation of Griffin v. California, 380 U.S. 609 (1965). We
have jurisdiction under 28 U.S.C. § 1291. We affirm.
1. We review for abuse of discretion the district court’s admission of expert
testimony following a Rule 16 challenge, while reviewing embedded legal claims
de novo. United States v. Alahmedalabdaloklah, 94 F.4th 782, 837 (9th Cir. 2024).
But a jury verdict will be set aside on the basis of a Rule 16 violation only if there
is “a likelihood that the verdict would have been different had the government
complied with the discovery rules.” United States v. Mendoza-Paz, 286 F.3d 1104,
1111 (9th Cir. 2002).
Even assuming that the government failed to comply with Rule 16,
Robinson Lome has not shown “a likelihood that the verdict would have been
different” if she had received a complete and timely Rule 16 disclosure. Id.
Robinson Lome has made no showing that the expert’s testimony about the seat
voids was erroneous or unreliable, see id., nor explained what she would have done
differently had the government made a complete Rule 16 disclosure. Further, the
2 25-2683
jury could have reasonably inferred even without the challenged testimony that
Robinson Lome would have felt the methamphetamine in the seat void.
2. Because Robinson Lome did not raise her Griffin argument below, we
review it for plain error. United States v. Sehnal, 930 F.2d 1420, 1425–26 (9th Cir.
1991). Robinson Lome has not identified any error, let alone a plain one that
affected her substantial rights. See United States v. Parlor, 2 F.4th 807, 816 (9th
Cir. 2021). The government’s statements about Robinson Lome’s “story” in its
closing argument, when read in context, were not “manifestly intended to call
attention to [her] failure to testify,” nor were they “of such a character that a jury
would naturally and necessarily take [them] to be a comment on the failure to
testify.” Hovey v. Ayers, 458 F.3d 892, 912 (9th Cir. 2006) (quoting Lincoln v.
Sunn, 807 F.2d 805, 809 (9th Cir. 1987)).
AFFIRMED.
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