United States v. Singh
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 10, 2026
Docket25-5479
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 10 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 25-5479
D.C. No.
Plaintiff - Appellee, 2:23-cr-00052-TOR-1
v.
MEMORANDUM*
JASKARAN SINGH,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Thomas O. Rice, District Judge, Presiding
Argued and Submitted October 29, 2026
Seattle, Washington
Before: CHRISTEN and MILLER, Circuit Judges, and SYKES, District Judge.**
Jaskaran Singh appeals his conviction and sentence for possession of
MDMA with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C).
Because the parties are familiar with the facts, we do not recount them here. We
have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Sunshine Suzanne Sykes, United States District Judge
for the Central District of California, sitting by designation.
We review the district court’s evidentiary rulings for abuse of discretion.
See United States v. Curtin, 489 F.3d 935, 943 (9th Cir. 2007) (en banc).1 We
review the district court’s interpretation of the Sentencing Guidelines de novo, its
application of the Guidelines for abuse of discretion, and its underlying factual
findings for clear error. United States v. Rojas-Millan, 234 F.3d 464, 472 (9th Cir.
2000).
1. The district court did not abuse its discretion by admitting the expert
testimony of Agent Lyons. The testimony was relevant because it was offered to
rebut the argument that Singh did not know he was transporting MDMA. We have
recognized that testimony about drug trafficking organizations’ use of unknowing
drug couriers may be relevant and admissible when a defendant argues they did not
know they were carrying drugs. United States v. Sepulveda-Barraza, 645 F.3d
1066, 1069–73 (9th Cir. 2011); see also United States v. Murillo, 255 F.3d 1169,
1176–78 (9th Cir. 2001), overruled in part on other grounds by Muehler v. Mena,
544 U.S. 93 (2005). The testimony was not impermissibly prejudicial pursuant to
Federal Rule of Evidence 403 because it did not unfairly imply that Singh had
knowledge of a large-scale drug trafficking organization. See Sepulveda-Barraza,
645 F.3d at 1072–73. It was helpful to the jury within the meaning of Federal Rule
of Evidence 702 because it informed the jury about the techniques and practices of
1
We assume arguendo that Singh preserved his evidentiary objections.
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drug trafficking organizations. See United States v. Figueroa-Lopez, 125 F.3d
1241, 1244–45 (9th Cir. 1997). The testimony did not run afoul of Federal Rule of
Evidence 704(b) because Agent Lyons did not opine on Singh’s state of mind and
instead limited his testimony to what drug couriers typically know. Diaz v. United
States, 602 U.S. 526, 536–37 (2024).
2. The district court did not abuse its discretion by permitting the
government to display the seized MDMA inside clear bags. Singh did not object to
the jury seeing the MDMA in clear bags during trial and instead urged the court to
require the prosecution to first show the MDMA in backpacks, as it appeared when
Singh had received it. The jury heard that Singh saw backpacks containing the
MDMA and not the MDMA itself. And Singh does not explain how viewing the
MDMA would be less prejudicial if it was first unpacked from backpacks in front
of the jury. Moreover, the government “is entitled to prove its case by evidence of
its own choice.” Old Chief v. United States, 519 U.S. 172, 186 (1997).
3. The district court did not procedurally err by declining to adopt a minor-
role reduction in Singh’s sentencing calculation. U.S. Sent’g Guidelines Manual
§§ 2D1.1(a)(5), 3B1.2(b) (U.S. Sent’g Comm’n 2024). “[A] defendant may be a
courier without being either a minimal or a minor participant.” United States v.
Lui, 941 F.2d 844, 849 (9th Cir. 1991). Here, the district court reasonably
concluded that Singh was not a minor participant because he alone drove to the
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border, picked up a very large quantity of drugs, and sought to transport those
drugs.
4. The district court did not procedurally err by rejecting Singh’s request for
a variance under Kimbrough v. United States, 552 U.S. 85 (2007), on the ground
that the Guidelines for MDMA lack an empirical foundation. The district court
acknowledged it had authority to vary under Kimbrough and explained that it
exercised its discretion not to do so because of the “tremendous” amount of
MDMA that Singh picked up. Because the district court was not required to vary
from the Guidelines, it did not abuse its discretion. See United States v.
Henderson, 649 F.3d 955, 964 (9th Cir. 2011).
5. Singh’s 210-month sentence is not substantively unreasonable. The
district court tied its sentence to the circumstances of Singh’s offense, see 18
U.S.C. § 3553(a), and imposed a sentence within the Guidelines. United States v.
Carty, 520 F.3d 984, 993–94 (9th Cir. 2008) (en banc).
AFFIRMED.
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