Santini

Brad Ray Santini appeals his conviction for one count of importation of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and one count of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Santini argues that: (1) the district court erroneously instructed the jury on reasonable doubt; (2) the district court abused its discretion by permitting the government to introduce, through its expert witness, evidence of Santini’s previous “law enforcement contacts” and personal marijuana use; and (3) the prosecutor committed misconduct by making certain statements during closing argument. We conclude that it was an abuse of discretion to allow the government to introduce evidence of Santini’s prior “law enforcement contacts.” Because this error was not harmless, we VACATE Santini’s conviction and REMAND to the district court for a new trial. We decline to address Santini’s other arguments.

On September 7, 2008, Santini attempted to cross the border from Mexico into the United States. An inspection of his vehicle revealed twenty-eight kilograms of marijuana hidden in the rear seat and spare tire. Santini’s defense at trial was that…