United States v. José Balmore Romero — 9th Cir. (Sep 16, 2026)

No. 24-1702 Argued September 16, 2026 Published October 5, 2026

We hear the Ninth Circuit in United States v. José Balmore Romero. Romero, a former MS-13 leader in Los Angeles, was convicted of racketeering conspiracy and conspiracy to distribute controlled substances. Prosecutors described a gang organization that raised money through drug trafficking and extortion, with payments flowing from local cliques up its hierarchy. Romero is serving a thirty-year sentence and has appealed his conviction and sentence. Two legal distinctions will help with the discussion. Rule 702 requires the judge to screen expert testimony for reliability, not merely accept an expert's credentials. A Daubert hearing is one way a judge can examine that reliability, but it is not required in every case. Voir dire here means preliminary questioning of the proposed expert, not jury selection. At sentencing, joining a conspiracy does not automatically make a defendant responsible for all of its drug activity; the scope of the criminal activity he agreed to undertake matters.

United States v. José Balmore Romero (No. 24-1702) — U.S. Court of Appeals for the Ninth Circuit, argued September 16, 2026.

Sources

Argument audio — Ninth Circuit (court original):https://cdn.ca9.uscourts.gov/datastore/media/2026/09/16/24-1702.mp3

Case listing and argument date — Ninth Circuit archive:https://www.ca9.uscourts.gov/cases/streams-videos/archive?case=24-1702&hearingDate=2026-09-16

Case background and appeal — Ninth Circuit calendar:https://www.ca9.uscourts.gov/cases/calendar/calendar-week/?date=2026-09-16&loc=PAS

Trial background — Justice Department prosecution account, May 22, 2023:https://www.justice.gov/usao-cdca/pr/one-time-shot-caller-ms-13-los-angeles-second-senior-member-gang-found-guilty-federal

Sentence and counsel — appellate clerk docket mirrored by Justia (March 21, 2024 snapshot; not current status):https://dockets.justia.com/docket/circuit-courts/ca9/24-1702

Expert testimony — Federal Rule of Evidence 702:https://www.law.cornell.edu/rules/fre/rule_702

Expert reliability — Supreme Court, Daubert:https://www.law.cornell.edu/supct/html/92-102.ZO.html

Expert reliability proceedings — Supreme Court, Kumho Tire:https://www.law.cornell.edu/supct/html/97-1709.ZO.html

Expert reliability and preliminary questioning — Ninth Circuit, United States v. Holguin, Part II:https://cdn.ca9.uscourts.gov/datastore/opinions/2022/10/13/19-50158.pdf

Voir dire — Cornell LII Wex definition:https://www.law.cornell.edu/wex/voir_dire

Individual sentencing accountability — U.S.S.G. § 1B1.3 and commentary:https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2023/GLMFull.pdf

Conspiracy sentencing — Ninth Circuit, United States v. Garcia-Sanchez:https://law.justia.com/cases/federal/appellate-courts/F3/189/1143/526605/

0:00Introduction